IN THE LAHORE HIGH COURT, LAHORE

Writ Petition No. ________________/201

_______________________________________________________________.
Petitioner
Versus
1. Lahore Development Authority (LDA) Johar Town Lahore through
its Director General
2. City District Government through its administrator District
Coordination Officer, Lahore.
3. Managing Director Lahore Parking Company, 17th Floor, Arfa
Technology Park, 346-B Ferozpur Road, Lahore
4. Manger Parking, G.M Operation Lahore Parking Company, 17 th
Floor, Arfa Technology Park, 346-B Ferozpur Road, Lahore
5. Superintendent of Police, Gulberg III, Lahore
6. District Officer, Public Facilities, City District Government Lahore.
7. T.M.A Gulberg III, Lahore
Respondents
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN, 1973
Respectfully Stated:1.

That the addresses of the parties hereto, as far as can be

ascertained, have been provided supra correctly for the purposes
of effecting service of the processes issued by this Honorable
Court.

2.

That succinctly put, following is the narrative of facts which

became the driving force for the filing of instant petition are that
Lahore Parking Company Limited (hereinafter referred as LPCL) is

a subsidiary of respondent no.2 established under section 32 of

companies

ordinance

1984

to

provide

comprehensive

management and operations of parking facilities in order to

resolve parking problems in the City District of Lahore and to
bring the same in an orderly pattern. LPCL has the mandate to
provide organized, secure and automated parking systems for the
residents of Lahore. LPCL is responsible for arrangement of all
parking facilities/areas under the control and/or administration of
the City District Government Lahore.
3.

That petitioner is owner of shops/offices in _______ consist of four

floor i-e basement, Ground, 1st, 2nd floor wherein there is no
parking available in its basement and according to sanction plan
there is no setback in the plaza and same is managed and look
after under the administration of petitioner/trade union as there
are round about 100 shops and offices in the center. Copy of title
document is attached.

4.

That as per building bye laws, the builders has kept an open
space has ear marked for parking of vehicles of owners of
different shops as wella s the customers generally visiting the
center. That there is an open space in front and one side of ____,
the sole property of ______ for the parking of the petitioner and
other owners of shops/offices as well as the customers since the
construction of said plaza since thirty years and petitioner as well
as other owners of shops/offices along with customers are
peacefully

and

without

any

interruption

enjoying

the

administration of management of parking slot.

5.

That petitioner trade union has incurred huge amount on

administration of parking and paying salaries of the employees.

6.

That respondent no.3 issued an impugned notice bearing letter

No. ______ dated _____ directing petitioner/ management of ______
that company is authorized to look after the affairs of parking of
______ which is incorrect, illegal and unlawful and against he law
and can not be sustained in eye of law as premises is within the

impugned notice is the property of center and not in set back

area. Copy of impugned letter is attached.
7.

That respondent No.3 & 4 are illegally and unlawfully without any
jurisdiction are interfering in the affairs of parking solely
managed by petitioner union on the pretext of lame excuse that
company is authorized to manage parking of district government
and town government municipal administration despite the fact
that respondents have no concern whatsoever with the plaza
parking which is sole domain of petitioner/union administration.

8.

That respondents with connivance of each others wants to

manage ______car parking premises illegally and unlawfully
without any jurisdiction as they are not authorized to manage the
affairs of parking slot of _____ except petitioner/trade union.

9.

That the valuable rights of the Petitioner/trade union have been

infringed by respondents without following due procedure.

10.

That Petitioner have no other adequate, efficacious and alternate

remedy except to invoke the Constitutional Jurisdiction of this
Honorable Court on the following, inter alia
GROUNDS:

i. That premises of _______ parking slot is not in the domain of

respondent 3 and 4 but they under the illegal interpretation of
sections 16/39/40/51/54-A/67-A of local government ordinance
2001 are harassing and pressurizing petitioner.
ii. That Respondents with mala fide intent and to disturb the rights
of the petitioner and union just for the sake of some ulterior
motives and financial gain are violating the ordinance in their
favour which is illegal, unlawful and against the law.
iii. That acts of respondents are absolutely illegal, unlawful and
without lawful authority in access in their lawful authority.
iv. That petitioner reserves his rights to enlarge other grounds as
well at the time of arguments.

Prayer

It is therefore most respectfully prayed that instant writ petition may

very kindly be accepted declaring therein that:

i.

The impugned letter No. ______dated _______ issued by

respondent

no.3

is

without

lawful

authority,

without

jurisdiction and of no legal effect being illegal, unlawful and

against the law and can not be sustained in eye of law and
has not effect on the rights of ____, Lahore.

ii.

It is further prayed that respondent no.3/4 may very

graciously be restrained from proceeding further in this
regard by way of not interfering the affairs of parking sole
domain of petitioner/union and depriving them from right of
entry and using their own premises .

iii.

That respondent No.1 is to be directed to produce the

relevant record of the ______ in order to resolve controversy.

iv.

It is further prayed that respondent no. 2 is to be directed to

look

into

matter

regarding

sheer

violations

of

local

government ordinance by respondent no.3 and take strict

action against concern staff;

v.

Any further relief and protection, to which the Petitioner is

found entitled in the circumstances, may also be awarded in
favour of the Petitioner.
Petitioner
Through

CERTIFICATE:
Certified that the petitioner has invoked the jurisdiction of this
honorable court having no other adequate remedy, further certified
that the instant petition is the first one on this subject and there has
been no Writ petition before on this subject by the petitioner.
Advocate

IN THE LAHORE HIGH COURT, LAHORE

Writ Petition No._________________ of 2014

__________

VERSUS

LDA etc

WRIT PETITION
AFFIDAVIT OF ________.
*******************************************
It is deposed on oath
1.

That the Writ Petition captioned above is being filed before the
august Court along with that this affidavit is being deposed and
submitted as the integral part, so the contents of the Petition
may please be read as part of the affidavit.

2.

That the contents of the Petition are true and correct to the best
of my knowledge and belief.
DEPONENT

VERIFICATION

It is verified on oath that the contents of the application are true and
correct to the best of the knowledge and belief of the deponent.

DEPONENT

IN THE LAHORE HIGH COURT, LAHORE

C. M. No.
/ 201
In
Writ Petition No._________________ of
VERSUS

LDA etc

WRIT PETITION
APPLICATION FOR INTERIM RELIEF U/S 151 C.P.C
Humbly submitted!
1.

That the petitioner has filed the accompanying writ petition

before this Honorable Court in which no date has yet been fixed.

2.

That the contents of the writ petition may very kindly be read as
an integral part of this application.

3.

That the writ petition has a good prima facie case to contest and
there is every likelihood that the Petition will bear fruit in favour
of the petitioner.

4.

That the balance of convenience and inconvenience also lies in

the favour of petitioner.

5.

That if respondents are not restrained further in proceeding in

matter then petitioner has to bear an irreparable loss and injury.
PRAYER
In the light of above submissions, it is most humbly prayed that
the application in hand may please be accepted and respondents
are may very graciously be restrained from interfering the affairs
of parking till final decision of writ petition.
Through

Petitioner

IN THE LAHORE HIGH COURT, LAHORE

Writ Petition No._________________ of 201

VERSUS

LDA etc

WRIT PETITION

AFFIDAVIT OF----------.
*******************************************
It is deposed on oath

3.

That the accompanying C.M is being filed before the august Court
along with that this affidavit is being deposed and submitted as
the integral part, so the contents of the Petition may please be
read as part of the affidavit.

4.

That the contents of the Petition are true and correct to the best
of my knowledge and belief.
DEPONENT

VERIFICATION
It is verified on oath that the contents of the application are true and
correct to the best of the knowledge and belief of the deponent.

DEPONENT

IN THE LAHORE HIGH COURT, LAHORE

C. M. No.

/ 201

In
Writ Petition No._________________ of 201
VERSUS

LDA etc

WRIT PETITION
APPLICATION FOR DISPENSATION
Humbly submitted!
1.

That the Petition captioned above is being filed before this Court
along with which this application is being submitted as the
integral part, so the contents of the Petition may please be read
as part of this Application

2.

That some documents whose original/ attested copies are not

available and therefore could not be submitted at the spur of
moment, however shall be submitted when the Petitioner would
have them.

PRAYER
In the light of above submissions, it is most humbly prayed that
the application in hand may please be accepted and filing of
original/ attested copies of the documents may please be
dispensed with.

Petitioner
Through

IN THE LAHORE HIGH COURT, LAHORE

C. M. No.

/ 201

In
Writ Petition No._________________ of 201
VERSUS LDA etc
WRIT PETITION
APPLICATION FOR DISPENSATION
AFFIDAVIT OF---------.
*******************************************
It is deposed on oath

1.

That the Application titled above is being filed before the august
Court along with that this affidavit is being deposed and
submitted as the integral part, so the contents of the Application
may please be read as part of the affidavit.

2.

That the contents of the Application are true and correct to the
best of my knowledge and belief.
DEPONENT

VERIFICATION
It is verified on oath that the contents of the application are true and
correct to the best of the knowledge and belief of the deponent.

DEPONENT

IN THE LAHORE HIGH COURT LAHORE

Writ Petition No________ /201

*****
VERSUS LDA etc
******
Writ Petition under Article 199 of the Constitution of Islamic
Republic Of Pakistan, 1973
INDEX
S.No Description of documents
1.
Writ Petition with affidavit

Annex

2.
3.
4.

A
B

5.

Copy of sale deed

Copy of impugned notice
Application for Interim Stay
Affidavit
Application for Dispensation

6.

Power of Attorney

Through

with

Petitioner

Date
20.01.20
14
20.01.20
14
20.01.20
14
20.01.20
14

Pages