ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1333 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.5611/2021 (Urgent).

2. For order on office objection No.18.

3. For order on CMA No.5612/2021 (Exemption).

4. For order on CMA No.5613/2021 (Stay).

5. For hearing of main case.

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22^nd February 2021

Mr. Zaheer Ahmed Ujjan, Advocate for Petitioner.

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1. Urgency granted.

2. Learned counsel for the petitioner undertakes to comply with office objection before next date of hearing.

3. Exemption granted, but subject to all just exceptions.

4&5. Learned counsel for petitioner, at the very outset, submits that the controversy agitated through instant petition is already pending before this Court in number of petitions, whereby, petitioners have challenged issuance of property tax to them by the Cantonment Board Faisal for having been issued without lawful authority, as according to learned counsel, after Eighteenth Amendment, the Cantonment Board cannot charge or collect the property tax in respect of the properties situated in the Province of Sindh. Per learned counsel, in the aforesaid petitions, Notices have been issued to the respondents, who have been restrained from passing any adverse order against the petitioner for the aforesaid recovery of the disputed amount till further orders. In support of his contention, learned counsel has referred to an order dated 10.01.2019 passed by this Court in C.P. No.D-132 of 2019 [Re: M/s. Millennium Mall Management Company vs. Pakistan through Secretary Ministry of Defence and 3 others], copy of which is available as Annexure “H” at pages 55 to 57 of the instant petition, hence prays accordingly.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for a date to be fixed after two weeks, when instant petition may be taken up alongwith aforesaid petition, whereas, comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, the interim order passed earlier in the aforesaid petition shall apply mutatis mutandis in the instant petition.

J U D G E