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IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No.____________/2003

Ghulam Rasool VS Ahmad Ali, etc.

INDEX
S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES
1 Urgent Form
2 Stamp Paper worth Rs. 500/-
3 Writ Petition.
4 Affidavit
5 Copy of receipt. A
6 Copy of Mutation No. 870. B
7 Copy of application. C
8 Copy of notice from inquiry officer. D
9 Copy of notice dated 7.8.02. E
10 Dispensation Application.
11 Affidavit.
12 Stay application.
13 Affidavit.
14 Power of attorney.

PETITIONER
Dated: __________

Through: -

AAMER AZIZ QAZI,


Advocate High Court,
123-District Courts, Multan.
IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

W.P. No.____________/2003

Ghulam Rasool S/o Ali Muhammad, caste Arain, R/o Basti Fauja,
Post Office Mana, Tehsil & District Dera Ghazi Khan.

……PETITIONER
VERSUS

1. Mr. Ahmad Ali S/o Gul Muhammad, caste Khosa, Manager


Zarai Tarraqiati Bank Ltd. Choti Zareen Branch, D.G. Khan.

2. Mr. Muhammad Safdar, M.C.O. Zarai Tarraqiati Bank Ltd.


Choti Zareen Branch, D.G. Khan.

3. Mr. Ghulam Siddique S/o Khair Muhammad, caste Langrah,


(Agent of respondents No. 1 & 2), R/o Choti Zareen,
D.G. Khan.

4. Mr. Mazhar Hussain, proprietor “National Tractor


House”/Dealer M/S Al-Ghazi Tractors, Sakhi Sarwar Road,
D.G. Khan.

5. Zarai Tarraqiati Bank Ltd. through its Chairman, Zero Point,


Islamabad.
……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 brief facts germane to the rightful decision of instant


writ petition are that the petitioner is a petty land-owner of Mauza
Basti Fauja, Tehsil & District D.G. Khan. He applied for loan for
the purchase of seasonal inputs to respondent No. 1, who after
adopting prescribed procedure sanctioned a loan of Rs. 40,000/-
under loan case No. 109404, G.L. Head 9004. Petitioner in lieu
thereof mortgaged his landed property measuring 51K—5M of
Mauza Basti Fauja through his Pass-book duly issued by the
Revenue Department.

3. That the petitioner as per loan agreement, repaid the loan amount
to respondent No. 1 within stipulated period against written
receipt. Copy is ANNEX “A”.

4. That in view of adjustment of full loan amount, the respondents


were obliged to redeem the land of petitioner vide Mutation No.
870 pertaining to the year 1999-2000. Copy whereof is ANNEX
“B”.

5. That the above loan facility was bestowed upon petitioner


through the good offices of respondent No. 3 (the agent of
respondents No. 1 & 2). Therefore, again, when the petitioner fell
short of funds for the purchase of pesticides etc. contacted
respondent No. 3 to do the needful, who with the connivance of
respondents No. 1 & 2 managed to procure the signatures of
petitioner on various blank papers & printed forms. The petitioner
was, thereafter, directed to wait for some time till the sanction of
his loan from the Head Office is received.

6. That the petitioner visited the office of respondents No. 1 & 2


after a lapse of one week and enquired about the fate of his loan
application, but no satisfactory answer was given to the petitioner
and he was asked to wait for some time. This hide and seek
remained continued for a period of month or so and ultimately on
minute probe by petitioner, it transpired that tractor loan has been
availed illegally through deceitful means by respondents No. 1 to
4 at the cost of the petitioner. The petitioner agitated but to no
effect.

7. That disappointed from the indifference attitude of respondents


No. 1 to 4, the petitioner was constrained to move an application
on 28.6.02 regarding this act of forgery and embezzlement of
respondents No. 1 to 4, before the respondent No. 5, who,
thereafter, was pleased to appoint Mr. Ghulam Ishaq Khan as
enquiry officer and Complaint Cell, A.D.B.P. Multan was
directed to take appropriate action against the delinquents if any
case of forgery is made out against them. Copy of application is
ANNEX “C”.

8. That the petitioner was directed by the enquiry officer to appear


before him on 17.8.02 at Choti Zareen Branch of A.D.B.P.
through a notice (ANNEX “D”).

9. That inquiry was duly conducted by the enquiry officer in


presence of the petitioner and the respondents No. 1 to 4 were
declared guilty of offences under sections 420, 406, 409, 468
P.P.C. But unfortunately, no action so far has been taken against
the delinquents.

10.That the petitioner has neither received a single penny from the
respondents No. 1 & 2 in the so-called tractor loan case No.
137162/020707/1678 nor the alleged draft, application for grant
of loan, loan agreement, security receipt, acknowledgment of
receipt of loan, receipt regarding delivery of tractor issued by
Dealer etc. bears the signatures of petitioner—the alleged loanee.
All these papers bear forged signatures, which have been
prepared by the respondents No. 1 to 4 just to feed their lust and
to embezzle money.

11.That the matter has been thought to highlight before respondent


No. 5, but instead of penalizing the delinquents officials, the
respondents No. 1 & 2 have issued a notice to petitioner to
deposit the installments, otherwise coercive measures shall be
taken against the petitioner for recovery of this amount. Notice is
ANNEX “E”.
12.That the petitioner has got not other efficacious remedy except to
move constitutional petition before this August Court to redress
his grievance. The respondents No. 1 to 4 in connivance with
each other, have committed forgery, which fact gains strength
from the inquiry report conducted by enquiry officer, but inspite
of all this, they have not been dealt with in accordance with law;
and instead, out to recover the embezzled amount illegally from
the petitioner through coercive measures.

13. In view of the above respectful submissions, it is respectfully


prayed that the delinquent report may kindly be dealt with in
accordance with law and a direction be issued to the competent
authority//respondent No. 5 to take legal action against the
delinquents.

It is further requested that the respondents be restrained


from recovering any amount in loan case No. 137162/1678
through illegal and coercive measures from the petitioner.

Any other writ, direction, order or relief, which this


Hon’ble Court deems fit may graciously be awarded in the
interest of justice and equity.

Humble Petitioner,

Dated: ________

Through: -
AAMER AZIZ QAZI,
Advocate High Court,
123-District Courts, Multan.

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.____________/2003

Ghulam Rasool VS Ahmad Ali, etc.

AFFIDAVIT of: -
Ghulam Rasool S/o Ali Muhammad, caste Arain, R/o
Basti Fauja, Post Office Mana, Tehsil & District Dera
Ghazi Khan.
I, the above named deponent do hereby
solemnly affirm and declare that the contents of
the above-titled 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 2003 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief. Nothing has been kept concealed.

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

In re: C.M. No. ____________/2003


In
W.P. No.____________/2003

Ghulam Rasool VS Ahmad Ali, etc.

APPLICATION FOR DISPENSING WITH THE


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

Respectfully Sheweth: -
1. That the above-titled application is being filed before this
Hon’ble Court, the contents of which should be considered as
part & parcel of the main petition.

2. That certified copies of Annexes “ ” are not readily


available. However, uncertified/photo state copies of the same
have been annexed with the petition, which are true copies of
the 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: __________

Through: -
AAMER AZIZ QAZI,
Advocate High Court,
123-District Courts, Multan.
IN THE LAHORE HIGH COURT, MULTAN BENCH,
MULTAN.

In re: C.M. No. ____________/2003


In
W.P. No.____________/2003

Ghulam Rasool VS Ahmad Ali, etc.

DISPENSATION APPLICATION

AFFIDAVIT of: -
Ghulam Rasool S/o Ali Muhammad, caste Arain, R/o
Basti Fauja, Post Office Mana, Tehsil & District Dera
Ghazi Khan.

I, the above named deponent do hereby


solemnly affirm and declare that the contents of
the above-titled 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 2003 that the contents of this affidavit
are true & correct to the best of my knowledge
and belief. Nothing has been kept concealed.

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

In re: C.M. No. ____________/2003


In
W.P. No.____________/2003

Ghulam Rasool VS Ahmad Ali, etc.

STAY APPLICATION

Respectfully Sheweth: -
1. That the above-titled application is being filed before this
Hon’ble Court, the contents of which should be considered as
part & parcel of the main petition.

2. That the applicant/petitioner has a good arguable case in his


favour.

3. That the respondents are bent upon to take coercive measures


against the petitioner. In case they succeed in their designs, the
applicant/petitioner will have to suffer an irreparable loss.

4. That balance of convenience leans in favour of


applicant/petitioner.
Affidavit is attached.
It is, therefore, respectfully prayed that this application
may kindly be accepted and the respondents may graciously
be restrained from taking coercive measures against the
applicant till the final decision of the main petition.
APPLICANT,
Dated: __________
Through: -
AAMER AZIZ QAZI,
Advocate High Court,
123-District Courts, Multan.