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    Aftab Ali VS Qaiser Masood SGM SNGPL

    Uploaded by

    Numan Aftab

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 10

    IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN

    Crl. Org. No.__________/2020

    IN W.P. No. 15021 /2020

    Aftab Ali son of Sheikh Niaz Ali, Proprietor of M/S: Owaisia


    Associates, situated at Plot No.285-J, Shah Rukan-e-Alam
    Colony, Multan.
    ………….. PETITIONER

    VERSUS

    Dr. Muhabbat Ali Chaudhry, Chief Executive Officer,


    District Health Authority, Rajanpur

    ...........RESPONDENT

    PETITION UNDER ORDER XXXIX RULE 2 SUB-


    RULE (3) READ WITH SECTION 3 & 4
    CONTEMPT OF COURT ORDINANCE, 2003 READ
    WITH ARTICLE 204 OF THE CONSTITUTION OF
    ISLAMIC REPUBLIC OF PAKISTAN, 1973.

    Respectfully Sheweth: -

    1. That the petitioner had filed a writ petition


    No.15021/2020 before this Honourable Court wherein
    this Honourable Court vide order dated 03.11.2020; in
    para No.2 of the order made the following observations;

    “In view of the above, office is directed to transmit a


    certified copy of this petition along with its annexures to
    respondent No.2 (Senior General Manager (D) South, Sui
    Northern Gas Pipelines Limited, Gas House, 21-Kashmir
    Road, Lahore) at the expense of the petitioner, who shall
    treat the same as representation filed on behalf of the
    petitioner relating to the matter agitated therein and
    decide the same on its own merits in accordance with law,
    after providing an opportunity of hearing to the petitioner
    and the others concerned, expeditiously, preferably within
    a period of 05-days from the date of receipt of certified
    copy of this order. At the outset, learned counsel for the
    petitioner submits that various applications were filed
    with respondent No.3, regarding the grievance of the
    petitioner, however, no decision whatsoever has been
    taken thereupon. Applications are available on record. It
    goes without saying that if the applications have been filed
    by the petitioner, raising grievance, the competent
    authority/ Officer is obligated to decide the same in
    accordance with law”.

    The copies of writ petition along with order dated


    22.09.2020 are hereby attached as ANNEX-A & A/1-.

    2. That in pursuance to the aforesaid order passed by this


    Honourable Court, the petitioner duly approached to the
    office of the respondent; for which the petitioner has been
    time and again called to attend the office, however, on
    every date, the petitioner remained seated and no outcome
    had been made, hence, the petitioner thereafter
    constrained to filed another application for compliance of
    the aforesaid order passed by this Honourable Court,
    however, till date no positive action or order has been
    passed, hence, the instant petition is being filed. Copies of
    applications are hereby attached as ANNEX-B-.

    3. That the respondent was requested repeatedly to honour


    the order issued by the Honourable High Court but they
    never cared about it and uttered contemptuous words
    about the directions/order passed by this Honourable
    Court and continued to violate the same.

    4. That the respondents have committed the Contempt of


    Court by not complying with the clear directions passed
    by this Honourable Court which was effectively conveyed
    to him and he was very much in knowledge of the same
    but even then he did not care about it.

    5. That the respondent by violating the order /directions of


    this Honourable Court, has committed the Contempt of
    Court and the provisions of Order XXXIX Rule-2(3) of
    C.P.C. and Section 3 & 4 of Contempt of Court Ordinance,
    2003 are attracted against him.

    P R A Y E R: -

    It is, therefore, respectfully


    submitted that the contempt proceedings may
    very graciously be initiated against the
    respondent for committing the violation of the
    order /direction dated 22.09.2020 passed by
    this Honourable Court and he may be awarded
    exemplary punishment for that offence which
    the respondent has committed with
    deliberation having full knowledge of the
    injunctive order/direction.

    It is further prayed that any other


    order which this Honourable Court deems just,
    fit and proper, in addition or in alternative to
    the aforesaid prayer, may very be kindly be
    granted as well in the interest of justice.

    Affidavit is attached.

    Submitted by:
    Applicant/ Petitioner
    Through:

    MUHAMMAD ALI SIDDIQUI,


    Advocate Supreme Court of Pakistan.
    C.C. No.6647.

    Certificate: -

    As per instructions of my client, no such contempt petition on the


    subject cited above has earlier been filed by the petitioner before this
    Honourable Court.

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

    Crl. Org. No.__________/2020

    IN W.P. No. 12303 /2020

    Syed Sajid Hussain Zaidi

    VERSUS
    Dr. Muhabbat Ali Chaudhry

    PETITION UNDER ORDER XXXIX RULE 2 SUB-


    RULE (3) READ WITH SECTION 3 & 4 CONTEMPT
    OF COURT ORDINANCE, 2003 READ WITH
    ARTICLE 204 OF THE CONSTITUTION OF
    ISLAMIC REPUBLIC OF PAKISTAN, 1973.

    AFFIDAVIT.

    I, Syed Sajid Hussain Zaidi S/O Syed Ejaz Hussain Zaidi, R/O
    House No. 72, Block-D, Dera Ghazi Khan do hereby solemnly
    affirm and declare as under:-

    1. That the petitioner had filed a writ petition


    No.12303/2020 before this Honourable Court wherein
    this Honourable Court vide order dated 22.09.2020; made
    the following observations;

    “At the outset, learned counsel for the petitioner


    submits that various applications were filed with
    respondent No.3, regarding the grievance of the petitioner,
    however, no decision whatsoever has been taken
    thereupon. Applications are available on record. It goes
    without saying that if the applications have been filed by
    the petitioner, raising grievance, the competent authority/
    Officer is obligated to decide the same in accordance with
    law”.

    The copies of writ petition along with order dated


    22.09.2020 are hereby attached as ANNEX-A & A/1-.

    2. That in pursuance to the aforesaid order passed by this


    Honourable Court, the petitioner duly approached to the
    office of the respondent; for which the petitioner has been
    time and again called to attend the office, however, on
    every date, the petitioner remained seated and no outcome
    had been made, hence, the petitioner thereafter
    constrained to filed another application for compliance of
    the aforesaid order passed by this Honourable Court,
    however, till date no positive action or order has been
    passed, hence, the instant petition is being filed. Copies of
    applications are hereby attached as ANNEX-B-.

    3. That the respondent was requested repeatedly to honour


    the order issued by the Honourable High Court but they
    never cared about it and uttered contemptuous words
    about the directions/order passed by this Honourable
    Court and continued to violate the same.

    4. That the respondents have committed the Contempt of


    Court by not complying with the clear directions passed
    by this Honourable Court which was effectively conveyed
    to him and he was very much in knowledge of the same
    but even then he did not care about it.

    5. That the respondent by violating the order /directions of


    this Honourable Court, has committed the Contempt of
    Court and the provisions of Order XXXIX Rule-2(3) of
    C.P.C. and Section 3 & 4 of Contempt of Court Ordinance,
    2003 are attracted against him.

    6. That the contents of the said contempt petition are correct and
    true to the best of my knowledge and belief.

    7. That nothing has been misconstrued or concealed which was


    in the knowledge and belief of the deponent.

    DEPONENT.

    VERIFICATION

    Verified on oath on this ___________, 2020 at Multan


    that the contents stated above are correct and true to the
    best of my knowledge and belief.

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

    Crl. Org. No.__________/2020

    IN W.P. No. 12303/2020


    To
    The Deputy Registrar,
    Lahore High Court,
    Multan Bench, Multan.
    TITLE:

    Syed Sajid Hussain Zaidi. Petitioner…

    VERSUS
    Dr. Muhabbat Ali Chaudhry Respondent…

    Sir,
    Will you kindly treat the accompanying petition as an urgent one in
    accordance with provision of Rule 9, Chapter 3-A Rules and Orders of the Lahore
    High Court Volume V.

    The grounds of urgency are:-

    CONTEMPT PROCEEDINGS
    Yours obediently,

    Muhammad Ali Siddiqui,


    Advocate Supreme Court of Pakistan.
    C.C. No.6647.
    IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN

    Crl. Org. No.__________/2020

    IN W.P. No. 12303 /2020

    Syed Sajid Hussain Zaidi

    VERSUS
    Dr. Muhabbat Ali Chaudhry

    INDEX
    Sl. No. Description of Documents Annexe Page Nos.
    1 Urgent Form
    2 CONTEMPT APPLICATION
    3 Affidavit
    4 Copies of writ petition along
    A & A/1
    with order dated 22-09-2020
    5 Copies of applications B
    6 Application for dispensation
    7 Affidavit
    8 Power of Attorney

    Applicant/petitioner

    Through: -

    Muhammad Ali Siddiqui,


    Advocate Supreme Court of Pakistan.
    C.C. No.6647.
    IN THE HONOURABLE LAHORE HIGH COURT, MULTAN BENCH,
    MULTAN

    C.M. No.___________/2020

    IN: Crl. Org. No.__________/2020

    IN W.P. No. 12303 /2020

    Syed Sajid Hussain Zaidi

    VERSUS
    Dr. Muhabbat Ali Chaudhry

    APPLICATION U/S 151 C.P.C. FOR DISPENSATION


    OF CERTIFIED COPIES OF ANNEX B

    Sir,

    It is respectfully prayed that this Honourable court may be


    pleased to dispense with the certified copies of ANNEX B, the same
    are not available with the petitioner presently.

    Submitted by:

    Petitioner

    Through:-

    Muhammad Ali Siddiqui,


    Advocate Supreme Court of Pakistan.
    C.C. No.6647.
    IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN

    C.M. No.___________/2020

    IN: Crl. Org. No.__________/2020

    IN W.P. No. 12303 /2020

    Syed Sajid Hussain Zaidi


    VERSUS
    Dr. Muhabbat Ali Chaudhry
    APPLICATION U/S 151 C.P.C. FOR DISPENSATION
    OF CERTIFIED COPIES OF ANNEX B

    AFFIDAVIT:-

    I, Syed Sajid Hussain Zaidi S/O Syed Ejaz Hussain Zaidi, R/O House
    No. 72, Block-D, Dera Ghazi Khan do hereby solemnly affirm and
    declare as under:-

    1. That the contents of the accompanying application for


    dispensation are correct and true to the best of my knowledge
    and belief.

    2. That the contents of the said contempt petition are correct and
    true to the best of my knowledge and belief.

    3. That nothing has been misconstrued or concealed which was


    in the knowledge and belief of the deponent.

    DEPONENT.
    VERIFICATION
    Verified on oath on this ___________, 2020 at Multan that the
    contents stated above are correct and true to the best of my
    knowledge and belief.

    DEPONENT.

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