1992 PLP 1303 (CLC)

If the prosecution of the writ petition at Rawalpindi exposed the petitioner to some trouble at the hands of his opponents, he would be similarly exposed at Lahore as well. On the other hand, his adversaries would have to suffer more bother and expense for coming to Lahore to defend his writ petition than the bother and expense to which they would be put for doing so at Rawalpindi because, to them Rawalpindi was nearer than Lahore. High Court therefore declined the permission to file Constitutional petition al the Principal Seat of High Court at Lahore. Petitioner in person. This is a civil miscellaneous petition by one Maqbool ‑Hussain Tahir, under rule 5 of the Lahore High Court (Establishment of Benches) Rules, 1981, for special permission to file a writ petition at the Principal Seat of this Court.

2. The writ petition proposed to be made by the petitioner would be against the S.H.O., Police Station, Nila, Tehsil and District Chakwal, and others. It is appended to the miscellaneous petition in hand.

3. The petitioner's grievance as voiced in the writ petition is that some persons attacked his house and forcibly removed the gate of his house. According to him, he moved the said S.H.O. for recovery of his gate but he did not take due interest in the matter. He, therefore, desires that the S.H.O. may be directed to Safeguard his family's life, liberty, honour and property.

4. In the instant miscellaneous petition it has been stated that the aforesaid culprits, who are named in the enclosed writ petition, would cause harm to him if the Constitutional petition is presented before the Rawalpindi Bench of this Court. Undoubtedly, they reside within the local limits of the jurisdiction of the said Bench and the disputed house is also located within those limits.

5. From what has gone above, it is amply clear that the writ petition proposed to be filed by the petitioner would be made at a place different from the place where the alleged highhandedness has been perpetrated. To put it differently, it is not going to be filed at Chakwal or at the place where the petitioner's house is located, namely, village Sikriala, District Chakwal. If the prosecution of the writ petition at Rawalp;ndi exposes the petitioner to some trouble at the hands of his opponents, he will be similarly exposed at Lahore as well. On the other hand, his adversaries would have to suffer more bother and expense for coming to Lahore to defend his writ petition than the bother and expense to which they will be put for doing so at Rawalpindi because, to them, Rawalpindi is nearer than Lahore. I am, therefore, not inclined to allow the petitioner to file the Constitutional petition at Lahore and dismiss this civil miscellaneous petition in limine. AA./M‑299/L Application dismissed.