Higher Education Commission vs Federation of Pakistan through Ministry of Law, Islamabad S — 2025 MLD 395 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 395 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Higher Education Commission vs Federation of Pakistan through Ministry of Law, Islamabad S
Subject matter: Constitutional
Provisions referred to: S. 4; Punjab Urban Immovable Property Tax Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Higher Education Commission VS Federation of Pakistan through Ministry of Law, Islamabad S.4(a)---Constitution of Pakistan, Art.199---Constitutional petition---Issuance of challan for payment of property tax---Higher Education Commission ('HEC'), status of---HEC assailed the challan on the ground that HEC being government subject was exempt from payment of property tax---Validity---Section 4(a) of the Punjab Urban Immovable Property Tax Act, 1958, was amended by the Punjab Urban Immovable Property Tax (Punjab Amendment) Act, 1975, and the expression 'vesting in' as contained in the original provision was substituted by 'owned by', which in its connotation has narrow scope---In view of obiter dicta of the Supreme Court provided in the judgment reported as 2023 SCMR 1077 the HEC could not be equated with the Government hence, contention of the petitioner that it was a Government subject was repelled---Even the obiter of the Supreme Court was binding on the High Courts---Constitutional petition was dismissed, in circumstances.

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