Writ Petition format (Revenue Matters)

 

Writ Petition format  (Revenue Matters) 

In the name of ALLAH, the most beneficent, the most merciful

 

IN THE HONOURABLE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI

 

Writ Petition No. _________/_______

 

Farhan Yaseen  son of Mehmood Alam R/O House No. 1, Street No. 1, Mohallah Shah Chan Chirgah, Rawalpindi

 

 

Petitioner

Versus

 

1.               Mr. Muhammad Arif Raheem, ADC (Revenue) Rawalpindi.

2.                 Mr. Riyan Ahmed  son of Muhammad Naeem R/O   House No. 2, Street No. 2, Mohallah Shah Chan Chirgah, Rawalpindi

 

Respondent

_{WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973}

Respectfully Sheweth:

1.               That the petitioner filed a petition for demarcation of the land in Mouza _________________________________________________________ as per revenue record before the court of Assistant Collector Gujjar Khan under Section 135 of Chapter XI of “The Punjab Land Revenue Act, 1967” in the year 2011.

 

2.               That the Assistant Collector Gujjar Khan ordered Gardawar of concerned circle for preparation of “Naqsha Jeem ”. Gardawar visited the site along with his team,  heard the arguments of both the parties and then prepared said Naqsha after going through the revenue record.

 

3.               That the objections raised on “Naqsha Jeem ” by Respondent  No.2 were answered by the petitioner. An un-signed application (Attached as Annexure “A”) was moved by Respondent No. 2 to insult/ humiliate the petitioner before the Court of Assistant Collector Gujjar Khan. On objection of petitioner, this application was rejected, however, it was made part of proceedings. Accepting an unsigned application from the Respondent  No.2 without the knowledge of the petitioner is against the norms of due process and justice,   which hits the fundamental rights of the petitioner.

 

4.               That Gardawar (Shahzad Alam) asked for a bribe of Rs. 25,000/- for preparation of “Naqsha Jeem”, which was refused by the petitioner and matter was reported to the following and the case is still under process.

 

a.    Commissioner, Rawalpindi.

b.   D.C.O, Rawalpindi.

c.    ADC (Revenue), Rawalpindi.

d.   Assistant Collector, Gujjar Khan.   

 

5.               That the unlawful, illegal and baseless  objections of Respondent  No.2 were set aside  on “Naqsha Jeem” and order / decree dated 29-11-2014 was passed by the Assistant Collector Gujjar Khan for partition of the land. The impugned order/ decree  is based on true facts, record of revenue department, duly attested, verified and checked by Patwari, Gardawar and Assistant Collector.

 

6.               That the Respondent No. 2 moved an appeal against impugned order and decree dated 29-11-2014 passed by the Assistant Collector Gujjar Khan in the court of ADC (Revenue) Rawalpindi. That right from the beginning, the ADC (Revenue)  Rawalpindi became interested and partial in the case on account of his personal contacts with Respondent  No. 2, who used to visit him in the chamber and always insisted upon the dates of his own choice and that he was always accommodated.

 

7.               That the petitioner was entitled to  a fair trial and due process under Article 10A of the constitution of Islamic Republic of Pakistan 1973, but it was not provided by the court of the  ADC (Revenue) Rawalpindi. More details will be provided during  arguments before the Honourable  High Court.

 

8.               That after the arguments in the court of ADC (Revenue) Rawalpindi, another unsigned application (attached as annexure “B”) was quietly submitted with malafide intention to the said court by Respondent  No.2, which was neither discussed nor disclosed to the petitioner and made part of the proceedings. This act of the court clearly indicates extra favour to Respondent No.2, which is illegal/unlawful and against the norms of justice. This act of the said court has seriously hit the fundamental rights of the petitioner. All the orders passed by ADC (Revenue) Rawalpindi are based on this unsigned application which contains false/fake information to mislead the court.

 

9.               That even the attested copies of these unsigned applications were not provided to the petitioner by the record office as it is against the law to make such unsigned application as part of the proceedings. During appeal by the petitioner in the court of  Additional Commissioner (Revenue) Rawalpindi, an application was moved for provision of attested copies of unsigned application, which is still pending so far.

 

10.         That furnishing false/fake information intentionally with malafide intentions to mislead the Honourable Court from true facts  is a crime  as per Section 54-A (2) of “The Punjab Land Revenue Act 1967” and is punishable with simple imprisonment for term, which may extend to two years or with fine or with both.

 

11.         That it is only the Constitutional Court / Superior Court who can interpret the fundamental rights  and can pass direction, if there is any infringement of rights under the constitution. Therefore, there is requirement to issue order on  unsigned application containing fake/false information handed over  quietly to the court of ADC (Revenue) Rawalpindi with malafide intentions without the information/ knowledge of the petitioner on following:-

 

GROUNDS

 

a.    That the petitioner seeks indulgence of this Honourable Court for declaration that the unsigned application moved quietly with malafide intentions without the knowledge of the petitioner  by Respondent  No. 2 before the court of ADC (Revenue) Rawalpindi and its acceptance by the said court is illegal, unlawful and without any jurisdiction for the following:-

 

(1)            Unsigned applications moved by Respondent  No. 2    have no value in the law.

(2)            Acceptance of unsigned application quietly by the courts from Respondent  No. 2 and without disclosing it to  other party is a criminal offence, which brings  bad name to the honour and dignity of the courts.

(3)            Respondent  No. 1 based / extracted all his orders from the said unsigned application submitted quietly to him containing false/ fake information.

(4)            That even the record office refused to provide the attested copy of unsigned application as it was unlawful.

 

b.   That the impugned acts of the Respondent  No.2 are violative of the fundamental rights of the petitioner granted under the provision of the “The constitution of  Islamic Republic of Pakistan 1973 as amended upto date.

 

c.    That the petitioner has the fundamental rights and inalienable rights to be treated strictly in accordance with the law of the land and his dispute with the Respondent s needs to be  adjudicated impartially based upon true facts and revenue record. Therefore, there is a requirement to cancel this unsigned application which was kept secret from the petitioner and never discussed in the court of ADC (Revenue) Rawalpindi.

 

d.   That an application (attached as annexure “C”) was moved regarding late submission of appeal by the Respondent  No. 2 and during arguments  a number of law points were brought to the notice of the ADC (Revenue) Rawalpindi regarding limitation  of time but no interim order was passed by the said court which clearly indicates extra favours given to Respondent  No.2. That such acts of the court are violative  of the provisions of “The Constitution of Islamic Republic of Pakistan” and that principles of law annunciated by the  Honourable Superior Courts.

 

PRAYER

 

 

In view of above, it is, therefore respectfully prayed that the instant Writ Petition against the unsigned application moved by the Respondent  No. 2 containing false/ fake information and its acceptance by the court of ADC (Revenue), Rawalpindi without disclosing it to petitioner may please  be accepted  as it is illegal, unlawful, ultra vires the provision of the constitution and militates against the law annunciated by the superior courts. All orders passed by the said court are based on the unsigned/ hidden application which is without any lawful authority and the petitioner has an inalienable fundamental right as per Article 199 (C) of the Constitution to get his controversy with Respondent  No. 2 resolved through fair trial/ due process and in accordance within bounds and law of the land. The Honourable High Court is requested to please quash all orders based on the unsigned/ hidden application moved by Respondent  No. 2 in the interest of justice.

 

Any other relief found appropriate and proper, in the facts and circumstances of the case, may also be awarded.

 

 

Petitioner in person

CERTIFICATE

 

        Certified that this is the first constitution petition before this Honourable Court and no other such petition is pending before  any other court

 

 

Petitioner in person

Download Writ Petition format  (Revenue Matters)