ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1707 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.7196/2021 (Urgent).

2. For order on CMA No.7197/2021 (Exemption).

3. For order on CMA No.7198/2021 (Stay).

4. For hearing of main case.

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8^th March 2021

Mr. Abraiz Ali Khan, Advocate for Petitioner.

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1. Urgency granted.

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

3&4. Learned counsel for petitioner submits that the dispute regarding authority of the Town Committee and Municipal Committee to charge advertisement fee has already been decided through common judgment by the Divisional Bench of this Court in the case of CONTINENTAL BISCUITS LTD. v. FEDERATION OF PAKISTAN THROUGH SECRETARY DEFENCE, MINISTRY OF DEFENCE, ISLAMABAD AND 3 OTHERS (2017 PTD 1803) and several other matters, wherein, it has been held that no Government or Authority can charge or collect advertisement fee, whereas, several other petitions are already pending before this Court, including C.P. No.D-3546/2020 in the case of [Re: TCS Private Limited v. Province of Sindh and 2 others] wherein, notices have been issued to the respondents, who have been restrained from taking any coercive action in respect of the aforesaid levy. In support of his contention, learned counsel has referred to an order dated 07.08.2020 passed by this Court in the aforesaid petition, which is available at page 137 of instant petition. Learned counsel for the petitioner further submits that similar petitions alongwith aforesaid petition in respect of the subject controversy are fixed tomorrow i.e. on 09.03.2021 before the Divisional Bench-VII of this Court, hence requests that instant petition may also be directed to be taken up alongwith aforesaid petition and the interim order granted to the petitioner in the aforesaid petition may also be extended to the petitioner of the instant petition.

Let pre-admission notice be issued to the respondents as well as D.A.G. as well as Advocate-General Sindh, to be served through first three modes, for 25.03.2021, when instant petition may be taken up alongwith aforesaid petition before the same bench, whereas, comments, if any, shall be filed with advance copy to the learned counsel for petitioner. However, till next date of hearing, the interim order passed earlier in the aforesaid petition shall apply mutatis mutandis in the instant petition.

J U D G E