ASSOCIATION OF STAMP VENDORS through President Versus Syed SAKHI HUSSAIN SHAH and 19 others

KHAWAJA MUHAMMAD SAEED, J.--- This appeal with leave of the Court, is directed against the judgment of the High Court, dated 2-11-2001.

2. The facts giving rise to the present appeal, briefly stated, are that a representation was made before the Senior Member, Board of Revenue on 19-3-1996, by the respondents to the effect that stamp , vendors may not be allowed to write, sale-deed, applications and affidavits, etc. as they are doing so without passing the test prescribed by the High Court for Petition Writers. The Senior Member, Board of Revenue disposed of the matter vide his order, dated 31-8-1999. In para.2 of the aforementioned order the Senior Member, Board of Revenue observed as under:--

3. Feeling aggrieved by these observations the respondents invoked the Constitutional jurisdiction of the High Court under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, against the aforementioned order of the Senior Member, Board of Revenue. The petition was admitted for regular hearing by the High Court. At the end of the proceedings the learned Chief Justice of the High Court allowed the writ petition filed by the respondents, herein, and quashed the observations recorded by the Senior Member, Board of Revenue. Hence this appeal with leave of the Court.

4. Ch. Muhammad Ibrahim Zia, the learned counsel for the appellant, argued that the functions of the Stamp Vendors falls under the Stamp Act and the Board of Revenue had got the exclusive control over the matters falling under the provisions of the Stamp Act and the Rules made thereunder. According to the learned counsel, the findings of the High Court that the sale-deeds, affidavits or applications falls within the definition .of petitions under the provisions of the Rules for Petition Writers Licence framed by the Azad Jammu and Kashmir High Court on 27-1-1952, are erroneous. The learned Chief Justice of the High Court has not taken into consideration the authority titled Shoukat Ali v. The District Magistrate/Collector, Gujranwala 1987 CLC 1608, which was relied upon by the learned counsel for the appellants before the High Court. According to him, any person can write applications, affidavits or sale-deeds, etc. Any bar contained in this behalf shall be inconsistent with the fundamental right where the Freedom of Trade, Business or Profession, is guaranteed under section 4 subsection (4) fundamental right No.8 of the Interim Constitution Act, 1974.

5. On the other hand, Khawaja Shahad Ahmed, the learned counsel for the respondents, argued that only a Petition Writer, who has been authorized under the provisions of the Petition Writer Licence Rules, 1952, can write the sale-deeds, affidavits, applications, appeals or suits or memorandum of appeal on behalf of any other person. The stamp vendor, if he has not obtained the licence as Petition Writer, cannot writ the sale-deed, mortgage-deed, agreement-to-sell or any plaint or appeal or application on behalf of any other person. According to him, any person can enter into a lawful profession, therefore, there is no bar for any person that he cannot adopt the profession of Petition Writer but if the profession is regulated by law then only such person can adopt that profession who fulfils, the requirements of law. He placed reliance upon the Petition Writers Licence Rules, 1952 and defended the Judgment of the High Court with full force.

6. We have considered the respective arguments of the learned counsel for the parties and gone through the record of the, case. No doubt as is rightly contended by the learned counsel for the appellants, the licence of Stamp Vendors is issued by the Board of Revenue under the provisions contained in the Stamp Act, therefore, the Stamp Vendors arc under the control of the Board of Revenue. From the contents of the complaint, which was made by the respondents before the Board of Revenue, it appears that certain Stamp Vendors were writing sale-deeds and other collateral documents, therefore, a protest was lodged by the Petition Writers before the Board of Revenue that it should order that Stamp Vendors are not competent to write sale-deeds and other like documents. The Senior Member, Board of Revenue ordered that no such restriction can be imposed and anybody can adopt this profession as of right by opening his shop or start writing sale-deeds and other documents at any private place. The Senior Member, Board of Revenue in the last paragraph of his order, dated 31-8-1999 admitted this position that in Punjab the Petition Writers also are acting as Stamp Vendors.

7. In Azad Jammu and Kashmir in the year 1952, the Petition Writer Licence Rules were framed by the Azad Jammu and Kashmir High Court and in rules the word "petition" was defined as follows:--

"Petition means a document written for the purpose of being presented to a Court or a Judicial or Revenue Officer, as such, and includes a plaint and memorandum of appeal."

7. According to the aforementioned definition a document whose presentation is required before a Court, Judicial or Revenue Officer beside the plaint and the memorandum of appeal shall be included in the 'petition' which shall be drafted for any other needy person by a Petition Writer. According to this definition all those deeds which can transfer ownership or possessory rights in respect of any immovable property are to be presented before the Sub-Registrar who in past was a Presiding Officer of the trial Court and presently this power has been given to the Revenue Officers for the purpose of registration/attestation of such documents. The mode for the transfer of ownership right as recognized by the Transfer of Property Act, 1882, is sale-deed. The other documents through which the possession is delivered are mortgage deeds, agreement-to-sell, etc'. therefore, all these documents are covered by the definition of 'petition' and can be validly drafted for anybody else by a licence-holder Petition Writer. The Petition Writers also act as Stamp Vendors in Punjab but no Stamp Vendor without having the licence of Petition Writer is authorized to draft such-like documents. The authority which has been relied upon by the learned counsel for the appellants has distinguished features and has nothing common with the facts of the present case. The Petition Writers tinder rules are bound to maintain the register and incorporate in it serialwise the sale-deeds, affidavits and applications which are written by them after charging the requisite fee on behalf of any desirous person. This register can be inspected by the District Judge who is authorized to issue them licence as Petition Writer. In case any fault is found in maintaining the record of the work done by any Petition Writer, the District Judge is authorized to cancel his licence. Under rules the profession of Petition Writer can be" adopted by any person but after qualifying the test which is conducted by the District Judge under the supervision and approval of the High Court. Without obtaining the requisite licence nobody can open his shop and start writing documents, like sale-deeds, mortgage-deeds and other like documents which are to be presented before a Court or a judicial or Revenue Officer.

8. We agree with the Senior Member of the Board of Revenue that any person can adopt this profession but subject to the condition laid down by law. No doubt any person can draft a plaint or appeal for himself even if he is not a Petition Writer. In the same way a person can appear without engaging a counsel in his own case before any Court of law but no person, if he is not authorized Petition Writer can write any plaint-or appeal on behalf of any other person or write any document like sale-deed, mortgage-deed, agreement-to-sell or any other like document on behalf of any person by charging any free from him. This would be an illegal practice as it lacks the sanction of law behind it. The learned Chief Justice of the High Court, therefore, has committed "no error in law in quashing the order passed by the Senior Member, Board of Revenue on 31-8-1999.

In view of above , this appeal, having no force is dismissed with no order as to costs.

H.B.T./96/SC(AJ&K) Appeal dismissed.