IN THE COURT OF DISTRICT AND SESSIONS JUDGE KARACHI EAST
Complaint No.86/2010
Muhammad Ali Naqvi …V/S… Abdul Qadir and others
APPLICATION FOR ISSUANCE OF SHOW
CAUSE NOTICE UNDER SECTION 174 CR.P.C
In the above matter it is respectfully submitted as under: -
1. That the complainant has filed complaint under section 3 of the Illegal Dispossession Act against the accused persons who belongs to Qabza Group under the patronage of the Ilaqa Police.
2. That this Hon’able Court in pursuance of section 5 (1) of the Act directed the officer/incharge of police station to investigate and complete the investigation and forward the same within 15 days to the court.
3. That as per procedure the police officer takes, the following steps during investigation.
- Proceeds to the spot and inspects it.
- Ascertain the facts/circumstances of the case
- Discovers and arrest the suspect offender.
- a. Collects evidence relating to the commission of the offence which may consist of (examination of various persons including the accused and the reduction of their statements into writing and
b. the search of place of seizure of things considered necessary for the investigation and to be produced at the trial, and
- Forms an opinion as to whether on the material collected there as a case to place the accused before the magistrate for trial.
1999 PCRLJ 357
4. That the Investigating Officer is in league with the accused persons which is also evident from his two reports submitted by the I.O in which admittedly the Investigating Officer did not bother to contact the Cooperative Society to ascertain the factual position and even did not accept the documents produced by the complainant to prove his possession so also avoided to record the statement of the complainant and on the other hand visiting the accused persons day and night and as such the said police officer acted in great disregard of the orders of this Hon’able Court and made liable for Penal Action as provided under section 174 Cr.P.C.
It is prayed that this Hon’able Court may be pleased to issue notice under section 174 Cr.P.C to the said Investigating Officer and he may be further dealt with according to law in the interest of justice.
Karachi
Dated: -8-2010 Advocate for the complainant
IN THE COURT OF DISTRICT AND SESSIONS JUDGE KARACHI EAST
Complaint No. /2010
Muhammad Ali Naqvi …V/S… Abdul Qadir and others
AFFIDAVIT
I, Muhammad Ali Naqvi S/o Muhammad Mazhar Ali Naqvi, Muslim, Adult, resident of Karachi, do hereby state on oath as under: -
1. That I am the complainant, in the above matter and as such well conversant with the facts of the case.
2. That the accompanying application drafted and moved under my specific instructions and the contents of the same may kindly be treated as part and parcel of this affidavit.
3. That unless the accompanying application is granted, I shall be seriously prejudiced and shall suffer irreparable loss.
4. That whatever stated above is true and correct to the best of my knowledge and belief.
Karachi DEPONENT
Dated: -08-2010
Identified by me
ADVOCATE
Solemnly affirmed before me by the deponent on this _____ day of August 2010, who is identified to me by Mr.Mirza Moazzam Baig Advocate who is personally known to me
COMMISSIONER FOR TAKING AFFIDAVIT
The contents of this affidavit were audibly readover and explained to the deponent in urdu who being ignorant of English language who appears to have understood the same and put his signatures in my presence.
COMMISSIONER FOR TAKING AFFIDAVIT
IN THE COURT OF DISTRICT AND SESSIONS JUDGE KARACHI EAST
Complaint No. /2010
Muhammad Ali Naqvi,
S/o Muhammad Mazhar Ali Naqvi,
Muslim, Adult,
Resident of R-324, P-22,
Gulistan-e-Jauher, P.R.E.C.H.S,
Block No.16-A, Karachi ……………. Complainant
Versus
1. Abdul Qadir S/o unascertainable,
Muslim, Adult, resident of at present
illegally occupying,
Plot No.A-1, 172, block No.B,
Project No.7, Gilani Railway Station,
Block No.13, Gulshan-e-Iqbal, Karachi
2. Wasil Siddiqui S/o unascertainable,
Muslim, Adult, resident of
at present illegally occupying,
Plot No.A-1, 172, block No.B,
Project No.7, Gilani Railway Station,
Block No.13, Gulshan-e-Iqbal, Karachi
3. Raheem S/o unascertainable,
Muslim, Adult, at present illegally occupying,
Plot No.A-1, 172, block No.B,
Project No.7, Gilani Railway Station,
Block No.13, Gulshan-e-Iqbal, Karachi
4. Mrs.Raheem W/o Raheem,
Muslim, Adult, at present illegally occupying,
Plot No.A-1, 172, block No.B,
Project No.7, Gilani Railway Station,
Block No.13, Gulshan-e-Iqbal, Karachi……….. Respondents
COMPLAINT UNDER SECTION 3 OF THE
ILLEGALLY DISPOSSESSION ACT 2005
In the above matter it is respectfully submitted as under: -
1. That plot No.A1-172, Block No.B, Project No.7, admeasuring 240/200 Sq.Yards, (Gilani Railway Station) Gulshan-e-Iqbal, Block No.13, Karachi was allotted to Waheed Mirza vide allotment order No.40/7, dated 21/1/1981 who was the member of Pakistan Railways Cooperative Housing Society Ltd above society. The said allottee had paid the cost of land other charges to the said society.
Attested copy allotment order is attached herewith marked as A-1 map of the society is also attached herewith showing the location of the plot in question marked as A-2
2. That after the death of Waheed Mirza who died on 13/6/1974 his daughter Mst.Fauzia Azhar had submitted necessary documents for transferring the said plot in her name being only surviving legal heir and on 9th April 2009, the Administrator Pakistan Railways Cooperative Housing Society Ltd sent a letter to Mrs.Fauzia Azhar D/o Waheed Mirza W/o Syed Muhammad Azhar in response of her application dated 7th April 2009, acknowledge death certificate, heir ship certificate, indemnity bond, photocopy of NIC, clipping two news paper Daily Aman Karachi dated 28/3/2009, Daily Amroz Karachi dated 28/3/2009 in respect of the said plot and Pakistan Railways Cooperative Housing Society Ltd acknowledge all the documents and further informed that due to pendency of the litigation the matter could not be proceeded. However to save guard the interest of Mst.Fauzia Azhar, she occupied the said plot as the said plot was allotted by the society in the name of her father and as such she has got right of ownership by way of inheritance.
Attested copy of the letter of the society is attached herewith marked as A-3.
3. That Mst.Fauzia Azhar had also executed General Power of Attorney in favour of the complainant which was registered at No.937, Book No.IV, dated 18/9/2009, M.F Roll No.68497/6114 dated 28/10/2009. The complainant had also submitted photocopy of the Irrevocable General Power of Attorney as well as sale agreement executed in favor of the complainant by Mst.Fauzia Azhar. The complainant after consulting with the office bearers of the Pakistan Railway Employees Cooperative Housing Society Ltd, who had assured the complainant for getting the said plot transferred in the name of the applicant after observing all due formalities and under these circumstances the sale agreement as well as general power of attorney was executed. The complainant as a precaustion measure had also supplied the copy of the General Power of Attorney as well as agreement with the Pakistan Railway Employees Cooperative Housing Society Ltd and had also negotiated with the Administrator of the said society.
Attested copy of the general power of attorney and sale agreement is attached herewith marked as A-4 and A-5.
4. That the said Mst.Fauzia Azhar in order to protect her possession over the said plot had let out the said property to Faisal Saleem Saigal, as the gang men of the land mafia have still being encroaching upon not only the private but also public land as well. The complainant requested the said tenant to vacate the said plot and after confirming regarding the sale of the plot, from the landlady Mst.Fauzia Azhar the said tenant on 1st November 2009 Faisal Saleem Saigal handed over peaceful and vacant possession of the said plot to complainant under a deed of understanding.
Attested copy of the deed of under standing dated 1st November 2009 is attached herewith marked as A-6.
5. That thus complainant came into peaceful and vacant possession of the said plot and complainant had to go out side Karachi to see his relatives and when on 10/12/2009 complainant came back and noted that Wasil Siddiqui, Abdul Qadir King of Land Mafia, Raheem and his wife Mrs.Raheem, the respondents had illegally and unauthorizedly encroached upon the plot of complainant and they had raised some temporary construction. Witnesses Muhammad Saeed, Mirza Shahzad Hussain, Syed Absaar Hussain and other had informed to complainant that in the absence of complainant Wasil Siddiqui, Abdul Qadir, Raheem and Mrs.Raheem had encroached upon the plot/land of complainant.
6. That complainant without loss of time submitted an application to the U.C Nazim No.6, Gulshan-e-Iqbal, block No.13-A, Karachi namely Mr.Azhar Baig and the matter was being proceeded there and the person named above had assured to resolve the dispute amicably but it was their only delaying tactics. Complainant under these circumstances even on 22/5/2010 had submitted a detailed application which was received in the office of Pakistan Railways Cooperative Housing Society Ltd on the same day and since then complainant has been approaching to Pakistan Railways Cooperative Housing Society Ltd as well as Mr.Azhar Baig.
7. That under these circumstances complainant had also submitted application to the S.H.O Gulshan-e-Iqbal, Aziz Bhatti Police Station, Karachi dated 12/07/2010, but the police kept complainant in high hope and according to the information of the complainant the police has joined the hands of gang of land mafia and have been providing illegal protection to them.
Attested copy of the said application is attached herewith marked as A-7.
8. That according to the information of complainant Wasal Siddiqui and Abdul Qadir, Rahim and Mrs.Rahim, the respondents, have been making propaganda that some of Pakistan Railways Cooperative Housing Society Ltd lower staff had joined their hands and planning to grant permission them to raise construction over the said plot of complainant. They further informing the public that they have settled the matter with the Pakistan Railways Employees Cooperative Housing Society and they will be granted permission to raise construction over it. Complainant had also several meeting not only with Pakistan Railways Cooperative Housing Society Ltd but also Pakistan Railways Cooperative Housing Society Ltd other concern staff and they have verified the documents in possession of complainant in accordance with the law and requirement of the society.
9. That under these circumstances the complainant sent legal notice to Pakistan Railways Cooperative Housing Society Ltd but Pakistan Railways Cooperative Housing Society Ltd intentionally rather deliberately avoid to reply the same.
Attested copy of the legal notice is attached herewith marked as A-9.
10. That hence the respondents enter into the property and dispossess, grab, control and occupy the property without any lawful authority with the intention to dispossess, grab, control and occupy the said property from the complainant and as such committed offence described under section 3 of the Illegal Dispossession Act.
It is therefore, respectfully prayed that this Hon’able Court may be pleased to proceed according to law and the respondents may be dealt with according to law, the interest of justice.
Karachi
Dated: 17/7/2010 Complainant
Advocate for the complainant
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