IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No._____________/2002

Dr. Sadiq Salim S/o Muhammad Iqbal, R/o District Head Quarter
Hospital, Sahiwal.

……. PETITIONER

VERSUS

1. Medical Superintendent, District Head Quarters Hospital,

Sahiwal.

2. Chairman, Allotment Committee, District Head Quarters

Hospital, Sahiwal.

3. D.C.O. Sahiwal.

4. The Zila Nazim, Sahiwal.

5. Dr. Mujahid Hassan Child Specialist, Tehsil Head Quarter

Hospital, Chicha Watni, District Sahiwal.

……RESPONDENTS
 Writ Petition under Article 199 of
the Constitution of Islamic
Republic of Pakistan, 1973 read
with all the enabling provisions.

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 working as Senior Medical Officer in

Grade-18, at District Head Quarters Hospital, Sahiwal.

3. That the petitioner is residing in the residence of Principal

Paramedical School, Sahiwal with his family, which is a
nominated residence. It was allotted to the petitioner on 5.6.1999
vide order No. 5643-46 issued by respondent No. 1, because no
other residence was vacant at that time. This allotment was
conditional as the petitioner had to vacate the residence as and
when required by the Principal Paramedical Shool. Copy of order
is Annex “A”.

4. That the respondent No. 5, who was working as a Child

Specialist at District Head Quarter Hospital, Sahiwal was
transferred to Tehsil Head Quarter Hospital Chicha Watni
Hospital. He was living in residence No. B6. After transfer
respondent No. 5 did not vacate the residence after availing the
grace period. He was holding two residences and this act of
respondent No. 5 was not warranted under the law. As the
application of the petitioner was in queue, the allotment
committee after obtaining the report from concerned quarters,
allotted the residence B6 unauthorizedly occupied by respondent
No. 5 to the petitioner. Copies of application, repot and allotment
order are Annexes “B, C & D”.

5. That the petitioner and allotment committee made many contacts

with respondent No. 5 for the vacation of residence, but he flatly
refused to do so. Keeping in view this situation the respondent
No. 1 served respondent No. 5 with a notice on 28.11.2000; and
subsequently on 22.9.2001 & 18.10.2001, but the respondent No.
 5 did not take care for anything. Copies are available as Annexes
“E, F & G”.

6. That in the new set up of District Governments, the petitioner

approached District Nazim on 21.2.2002, who was pleased to
issue a direction to the respondent No. 1, to get vacate the said
premises from the unauthorized occupants. On this direction, the
respondent No. 1 issued an office order No. 448-452/DHQ dated
25.1.2002, by which a committee was constituted to take over the
charge of said residence and D.C.O. Sahiwal was requested to
depute a magistrate for the supervision of process. It was
misfortune of the petitioner, when the D.C.O. Sahiwal intimated
vide letter No. 991-D.C.O./HC (G) dated 26.1.2002, that no
magistrate is working under his supervision. Copies of
application with endorsement, office order of respondent No. 1
and office order of D.C.O. Sahiwal are Annexes “H, J & K”.

7. That despite the issuance of written orders and notices, the

respondents No. 1 to 4 have connived with the respondent
No. 5 and are not doing any practical act to get vacated the
residence No. B-6 from the unauthorized possession of
respondent No. 5 and whole of the district machinery has failed
in this respect and respondents No. 1 to 4 are playing in the hands
of the respondent No. 5.

8. That according to Government Rules no Government servant can

retain the residence for more than two months after his transfer,
but even after the lapse of more than one year and three months
he is still occupying the residence No. 6 as is not willing to
vacate it. Copy of letter is attached as Annex “L”.

9. That the petitioner has no adequate, efficacious, alternate and

speedy remedy except to invoke the constitutional jurisdiction of
this Hon’ble Court, specially when whole of the district
administration is backing the petitioner, hence, this petition.
 Keeping in view the above-mentioned facts, it is
respectfully prayed that this writ petition may kindly be
accepted and direction be issued to respondents No. 1 to
4 to vacate the residence No. 6-B from illegal, unlawful
and au-authorized possession of the respondent No. 5
and be delivered to 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: ___________

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,
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.

In re: C.M. No. _____________/2002

In
W.P. No.____________/2002

Dr. Sadiq Salim Vs. Medical Superintendent 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.
APPLICANTS,

Dated: __________

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

In re: C.M. No. _____________/2002

In
W.P. No.____________/2002

Dr. Sadiq Salim Vs. Medical Superintendent etc.

DISPENSATION APPLICATION.

AFFIDAVIT of: -
Dr. Sadiq Salim S/o Muhammad Iqbal, R/o District
Head Quarter Hospital, Sahiwal.

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 May 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

Dr. Sadiq Salim Vs. Medical Superintendent etc.

AFFIDAVIT of: -
Dr. Sadiq Salim S/o Muhammad Iqbal, R/o District
Head Quarter Hospital, Sahiwal.

I, the above named deponent do hereby

solemnly affirm and declare that the contents of
the above-mentioned writ 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 May 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.____________/2001

Dr. Sadiq Salim Vs. Medical Superintendent 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 order. A
6 Copies of application, report and B, C & D
allotment order.
7 Copies of notices. E, F & G
8 Copies of application, order of H, J & K
respondent No. 1 and order of D.C.O.
9 Copy of letter. L
10 Dispensation Application.
11 Affidavit.
12 Power of attorney.

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