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Civil Petitions for Special Leave to Appeal Nos. K‑164 to K‑166 of 1977, decided on 19th May, 1980.
(On appeal from the judgment and order of the High, Court of Sind, Karachi, dated 23‑8‑1977 in Const. Petitions Nos. 632, 636, 637 of 1972, 656/72, 320/73 and 747/74).
---S. 42‑Declaratory suit‑Question whether Provincial Government could levy and recover property tax in regard to property situate within cantonment area by declaring it to be an urban rating area agitated by petitioner in a suit for declaration‑President's Order No. 13 of 1979, having given exclusive jurisdiction to Cantonment Boards to collect property tax, petitions for special leave against impugned order, held, rendered infructuous and consequently dismissed as such.
Pakistan v. Province of Punjab P L D 1975 S C 37 ref
Muhammad Arif, Advocate and A Aziz Dastgir, Advocate‑on‑Record for Petitioner.
Abdus Sattar, Addl. Advocate‑General acid S. M. Abbas, Advocate‑on Record for Respondents:
Date of hearing: 19th May, 1980.
This order will govern C. Ps. K‑164 to K‑176 of 1977, in which the question for consideration is as to whether the Provincial Government could levy and recover property tax in regard to the property situate within the Cantonment area by declaring it to an urban rating area under section 3(I) of the Sind Urban Immovable Property Tax Act, 1958, when otherwise the Cantonment Board is entitled to recover property tax under, section 60 of the Cantonments Act, 1924. This question was decided by the High Court against the petitioners on the basis of the judgment of this Court in Pakistan v. Province of Punjab (P L D 1975 S C 37).
The High Court also too note of the concession of the counsel appearing for the Cantonment Board to the effect that the Cantonment Board would not collect tax from the owner of the properties as it was receiving its due share from the Provincial Government. In the context of this concession and the promulgation of the President's Order No. 13 of 1979, which has given exclusive jurisdiction to the Cantonment Boards to collect property tax, these petitions have become infructuous. On this view of the matter, the counsel for the petitioner withdrew the petitions, which were dismissed as such.
Petitions dismissed.
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