ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1661 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.7034/2021 (Urgent).

2. For order on CMA No.7035/2021 (Exemption).

3. For order on CMA No.7036/2021 (Stay).

4. For hearing of main case.

-----------

5^th March 2021

Ms. Asma Khan, Advocate for Petitioner.

-*-*-*-*-*-

1. Urgency granted.

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

3&4. 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, including C.P. No.D-4985/2018 and other connected matters, whereby, petitioners have challenged issuance of property tax by the Cantonment Boards for having been issued without lawful authority, as according to learned counsel, after Eighteenth Amendment, the Cantonment Boards 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 02.07.2019 passed by this Court in the aforesaid petition [Re: Ahsanullah Shaikh v. Pakistan through Secretary Ministry of Defence and 5 others], copy of which is available as Annexure “E” at pages 95 to 99 of the instant petition, hence prays accordingly.

Let pre-admission notice be issued to the respondents as well as D.A.G. and Advocate-General Sindh, to be served through first three modes, for 25.03.2020, when instant petition may be taken up alongwith aforesaid petition and other connected matters, whereas, comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, respondents shall not take any coercive action against the petitioner, however, the cheque(s) collected by the respondents from the petitioner may not be encashed till next date of hearing.

J U D G E