IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No._____________/2002

Malik Ashiq Ali S/o Malik Faiz Bukhsh, caste Shujra, R/o 48-
Mehrban Colony, Multan (Nazim Union Council No. 58).
Petitioner
VERSUS
1. Tehsil Nazim Tehsil (City), Multan. Tehsil Municipal
2. Tehsil Naib Nazim (City), Multan. Administration, Tehsil
3. Tehsil Officer. Council, Multan.
Respondents

Writ Petition under Article 199 of

the Constitution of Islamic
Republic of Pakistan, 1973.

Respectfully Sheweth: -
1. That the names and addresses of the parties have correctly been
given for the purpose of their summons and citations.

2. That the Pakistan Telecommunication Ltd., Multan opted to

extend its network and in this connection, submitted its
programme to the respondents. In this extension programme,
road cutting was involved. The respondents submitted an
estimate for restoration of the road cuttings. This estimate was in
two phases. One was amounting Rs. 1,33,37,535/- and the second
was Rs. 83,05,655/-, total amounting to Rs. 2,16,43,190/-. Copies
of costing are Annexes “A & B”.
3. That the amount was transferred in favour of the respondents by
the P.T.C.L. through cheque No. B 735992 dated 28.6.2001
amounting to Rs. 40,00,000/- and cheque No. CA-100/APK
053761 dated 3.9.2001 amounting to Rs. 1,76,43,190/-. For some
other road cuts, the amount was calculated as Rs. 170,600/- and
the same was also transferred by cheque No. CA-100/APK
071158. The copies of these three cheques are Annexes “C, D &
E”.

4. That the P.T.C.L. made road cuts, extended its network and
provided further connections to the residents of Multan, but the
road cuts are still neither filled nor repaired, even the amount is
received by the respondents near about 7 months ago.

5. That since the Government declared the general election in near

future and respondents No. 1 & 2 are the interested candidates, so
they, in connivance with respondent No. 3 tried to misuse and
misappropriate the amount meant for restoration of road cuts and
announced a schedule for the development of the areas falling
within the jurisdiction of their proposed constituencies. In this
connection, the respondent No. 1 got published an advertisement
in the daily Nawa-e-Waqt dated 8.1.2002 inviting the tenders for
the development of the said areas, advertisement is Annex “F”.

6. That this misuse of said amount was not only the apprehension of
petitioner, but this fact was confirmed and corroborated by the
statements of respondent No. 2 in the news papers. The cutting of
statement of daily Khabrain and Nawa-e-Waqt are Annexes “G &
H”. The last date of opening the tenders is 30.1.2002. Copy of
Annex “J”.

7. That the above said amount of Rs. 2,16,43,190/- and Rs.

170,600/- are meant for the repairing and restoration of road cuts
provided by the P.T.C.L. for the extension of their network and
the amount shall be used for the same purpose. This amount
cannot be used for any other job work or development. It is shall
be used anywhere else, it will be amounting to misappropriation
 and embezzlement especially in the prevailing circumstances.
On the other hands due to these road cuts, the health of the
residents of Multan is going to be seriously effected. These road
cuts are not only a hurdle or obstruction for the traffic, but
creating the environmental problems and rate of pollution is
accelerated.

8. That the respondents are adamant to complete their evil designs

and corrupt practice, hence, left the petitioner with no other
adequate, efficacious, proper or alternate remedy except to
invoke the extra-ordinary constitutional jurisdiction of this
Hon’ble Court.

Keeping in view the above-mentioned facts, it is

respectfully prayed that the respondents may please be
directed not to use the funds received from P.T.C.L. for
the filling, repair and maintenance of road cuts, for any
other development programme.
Any other writ, order, direction or relief which
this Hon’ble court deems fit, may please be extended in
the favour of petitioner to meet the ends of justice.

HUMBLE PETITIONER,

Dated: ___________

Through: -
Hammad Afzal Bajwa, Sheikh Muhammad Faheem,
Advocate High Court, Advocate High Court,
28-District Courts, Multan. 28-District Courts, Multan.
C.C. No. 20959 C.C. No. 20176

CERTIFICATE: -
Certified as per instructions of the client,
that this is the first petition on the subject
matter. No such petition has earlier been
filed before this Hon’ble Court.
Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.
 W.P. No. ______________/2001

Humayun Irshad etc. Vs. Govt. of Punjab etc.

AFFIDAVIT of: -

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned petition are true and correct
to the best of my knowledge and belief and
nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of January 2001 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.

DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.
 In re: C.M. No. _____________/2001
In
W.P. No.____________/2001

Humayun Irshad etc. Vs Govt. of Punjab etc.

APPLICATION FOR DISPENSING WITH THE

FILING OF CERTIFIED COPIES OF ANNEXURES.
=========================================

Respectfully Sheweth:-
That certified copies of Annexures “A to H” are not
available. However, uncertified/photo state copies of the
same have been annexed with the petition, which are true
copies of original documents.

It is, therefore, respectfully prayed that this Hon’ble

court may please dispense with the filing of aforesaid copies
of documents.
PETITIONERS

Dated: __________

Through: -
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. _____________/2001

In
W.P. No.____________/2001

Humayun Irshad etc Vs. Govt. of Punjab etc.

DISPENSATION APPLICATION.

AFFIDAVIT of: -

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned application are true and
correct to the best of my knowledge and belief
and nothing has been kept concealed thereto.

DEPONENT

Verification: -
Verified on oath at Multan, this _____ day
of January 2001 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief.

DEPONENT
 IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No.____________/2001

Humayun Irshad etc Vs Govt. of Punjab etc.

INDEX

S. No. NAME OF DOCUMENTS ANNEXES PAGES

1 Urgent Form
2 Stamp Paper worth Rs. 500/-
3 Writ Petition.
4 Affidavit
5
6
7
8 Dispensation Application.
9 Affidavit.
10 Application U/s 151 C.P.C.
11 Affidavit.
12 Vakalatnama
PETITIONERS
Dated: ____________

Through: -
Hammad Afzal Bajwa,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20959
Sheikh Muhammad Faheem,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20176