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Civil Petitions for Special Leave to Appeal Nos. K‑57 to K‑59 of 1978, decided on 19th May, 1980.

(On appeal from the judgment and order of the High Court of Sind, Karachi, dated 21‑11‑1977 in Const. Petitions Nos. 619, 621‑622, 697, 748 of 1974 and 617 of 1975).

----S. 42‑Declaratory suit‑Question whether licence fee from Cinema houses situate within limits of Cantonment Board could be recovered by such Board, President's Order 13 of 1979, having given exclusive juris diction to Cantonment Board to collect such fee, counsel for petitioner conceding petitions having become infructuous‑Petitions dismissed as withdrawn.

Muhammad Arif, Advocate and A. Aziz Destgir, Advocate‑on‑Record for Petitioner.

Abdus Sattar, Addl. Advocate‑General and S. M. Abbas, Advocate‑on Record for Respondents.

Date of hearing: 19th May, 1980.

‑This order will govern C. Ps.. K‑57 to K‑59 of 1978, which relate to the dispute concerning the recovery of licence fee from cinema houses situate within the limits of the Cantonment Board. The District Magistrate, by letter dated 13th of May, 1974, purported to enforce the provisions of the Cinematograph Rules, 1962, in all the cinema houses within the limits of the Cantonment Board, the legality of which was challenged in the writ petitions on the premise that the word "notwithstand ing" in section 124 of the Cantonments Act, 1924, excludes the operation of the other Acts in the matter of the collection of the licence fee from the cinema houses which submission was rejected by the High Court. However, in view of the promulgation of President's Order No. 13 of 1979, which give exclusive jurisdiction to the Cantonment Boards to collect this fee from the cinema houses, the learned counsel conceded that these petitions have become infructuous and withdrew them.

Accordingly, the petitions were dismissed, as such.

Petitions dismissed

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