IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No._____________/2002

1. Muhammad Manzoor S/o Ghulam Qadir, caste Wattoo, R/o

Village Joura, Tehsil & District Pakpattan Sharif.
……...PETITIONER
VERSUS
1. The Govt. of Pakistan in the Ministry of Minority affairs,
Islamabad.
2. The Chairman Evacuee Trust Property Board, Govt. of Pakistan,
Court Street, Lahore.
3. The Deputy Administrative, Evacuee Trust Property, Sahiwal/
Pakpattan.
…….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 petitioner is a tenant in a sub-unit Lot No. 1 under

Evacuee Trust Property at Village Joura Tehsil & District
Pakpattan for previous more than 25 years. Copy of the receipt
for the year 2001-2002 is attached as Annex “A”.
3. That the petitioner has been paying rent to respondent No. 3
under an agreement, and specimen is available on record as
Annex “B”. According to this agreement, petitioner is entitled to
get his lease renewed at the enhanced rat of 10% after every year.

4. That in the year 2002 when petitioner requested the respondent

No. 3 to renew the lease according to the previous agreement, he
refused to do so and informed the petitioner that the respondents
No. 1 & 2 have introduced a revised formula through a
notification No. SRO(1)/2001 dated 5.9.2001, for the renewal of
lease. Copy of notification is Annex “C”.

5. That according to the revised formula, the lease money of the

above-said property has been enhanced upto approximate 200%
to 400%. The respondent did not keep in view the prevailing
circumstances. The water for irrigation is not avaialable. There is
rapid and continuous price hiking for fertilizers, seeds and
agricultural implements. While on the other hand, the produces
could not be sold out due to international market slump.

6. That the petitioner is aggrieved of the demand of the payment of

enhanced rent and challenge the vires of same being arbitrary,
unreasonable, oppressive and without lawful authority inter-alia
on the following: -

GROUNDS

i) That the impugned notificaiton is against the principles

of natural justice and law of equity.

ii) That the impugned notification is in collision with the

article 2-A, 18 and 38 of the constitution.

iii) That the impugned notification is a crystal clear

violation of rights guaranteed by the constitution.
iv) That the impugned notification is illegal, unlawful,
ultra-vires, unwarranted under the law and is against the
letter and spirit of this act.

v) That a revised formula for assessing the lease money is

unreasonable, oppressive and exploitative. Its validity
may be checked and determined by this Hon’ble court.

vi) That section 30 of the above said act does not lay down
any guide-line, however, the respondent No. 2 has to
exercise the discretion in accordance with equity and
fairplay. Moreover, the power and section 30 of the
above-said act is not in accordance with the Islamic
principles. After the enforcement of Shariah Act, 1991,
all the legislative instruments are to be given an
interpretation which is in consonance with Shariah. No
rule of Sharia permits the Govt. agencies to be
oppressive and unreasonable. Therefore, the present
amendment in the above-said scheme is totally in
violation of the guide-line provided by the Quran and
Sunnah for the purpose of legislation under the Shariah
Act, 1991. Therefore, the validity of present
amendment can only be checked and determined by this
Hon’ble Court to meet the ends of justice.

vii) That the petitioner is in possession of the suit property

for more than 25 years and earning bread and butter for
his family. He put the hard labour for the betterment of
the suit property. Any change in the formula for the
renewal of lease can only be made under the prior
notice of the petitioner and after giving him the proper
hearing. In the present case, no hearing was ever
afforded to the petitioner while making the above-said
amendment in the scheme, which is totally against the
rules of natural justice and equity.
8. That the petitioner, under these circumstances has not other
proper, adequate, efficacious and speedy 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 this petition
may graciously be accepted and the above-said
notification No. SRO(1)/2001 dated 5.6.2001
may kindly be declared null and void.

It is further prayed that the demand of the

enhanced rent from the petitioner may graciously
be declared without lawful authority and the
respondents may graciously be restrained from
charging the enhanced rent from the petitioner.

Any other writ, order, direction or relief

which this Hon’ble court deems fit, may please
be extended in the favour of petitioners to meet
the ends of justice.

Humble Petitioner,
Dated: 24.4.2002

Through: -
Sheikh Muhammad Faheem,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20176
CERTIFICATE: -
Certified as per instructions of the client,
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. ______________/2002

Muhammad Manzoor Vs. Govt. of Pakistan etc.

AFFIDAVIT of: -
Muhammad Manzoor S/o Ghulam Qadir, caste Wattoo,
R/o Village Joura, Tehsil & District Pakpattan Sharif.

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 April 2002 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. _____________/2002
In
W.P. No.____________/2002

Muhammad Manzoor Vs. Govt. of Pakistan etc.

APPLICATION FOR DISPENSING WITH THE

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

Respectfully Sheweth: -
That certified copies of Annexures “___________” 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.
APPLICANT,

Dated: 24.4.2002

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

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.
 In re: C.M. No. _____________/2002
In
W.P. No.____________/2002

Muhammad Manzoor Vs. Govt. of Pakistan etc.

STAY APPLICATION.

AFFIDAVIT of: -
Muhammad Manzoor S/o Ghulam Qadir, caste Wattoo,
R/o Village Joura, Tehsil & District Pakpattan Sharif.

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 April 2002 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.____________/2002

Muhammad Manzoor Vs Govt. of Pakistan

etc.

INDEX

S. No. NAME OF DOCUMENTS ANNEXES PAGES

1 Urgent Form
2 Stamp Paper worth Rs. 500/-
3 Writ Petition.
4 Affidavit
5 Copy of receipt of rent payment. A
6 Copy of specimen of agreement. B
7 Copy of Notification dated 5.9.2001. C
8 Dispensation Application.
9 Affidavit.
10 Stay Application.
11 Affidavit.
12 Vakalatnama

PETITIONER,
Dated: 24.4.2002

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

IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.
 W.P. No.____________/2002

Muhammad Manzoor Vs Govt. of Pakistan

etc.

STAY APPLICATION.

Respectfully Sheweth: -
1. That the above-titled writ petition has been filed in this
Hon’ble Court, the contents of which may kindly be read as
an integral part and parcel of this application.

2. That the applicant has a strong prima facie arguable case.

3. That the balance of convenience and balance of justice lean in

favour of the applicant.

4. That the applicant is in possession of questioned property and

the respondents want to dispossess the applicant under the
grab of impugned notification by using coercive measures and
auction of the property.

5. That the illegal, unlawful and capricious acts of the

respondents will cause an irreparable loss to the applicant.

It is, therefore, respectfully prayed that the

respondents may please be directed to renew the lease
in favour of the applicant with an enhancement of 10%
rent till the final decision of the main petition.

It is further prayed that the respondents should be

restrained to dispossess the applicant by using any
coercive measures/auction.

Any other order, direction or relief which this

Hon’ble court deems fit, may graciously be extended to
meet the ends of justice.

APPLICANT,
Dated: 24.4.2002
Through: -
Sheikh Muhammad Faheem,
Advocate High Court,
28-District Courts, Multan.
C.C. No. 20176