HIRALAL NEMCHAND SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) AS the questions that arise for determination in these cases are interconnected, we propose to dispose of them by a common order.

(2.) HOUSE property bearing CTS No. 1750/1b, Ward III, Bijapur City, measuring 5,109 sq. yards. was originally owned by one Ramrao Bindurao Bagalkotkar (Ramrao) of Bijapur City. On February 20, 1973, Ramrao transferred the said property to one Nandalal Tejmal Kothari (Nandalal) who is the petitioner in Writ Petition No. 11750 of 1985, by an instrument of transfer for an apparent consideration of Rs. 45,000.

(3.) AS the order made by the Inspecting ASsistant Commissioner stood confirmed by this court on April 1, 1985 (IAC v. K. B. Nagarala ([1986] 162 ITR 170)), the Inspecting ASsistant Commissioner on June 11, 1985, has issued separate but identical notices under section 269I of the Act, calling upon the transferor, the transferee, the tenants and others to vacate and hand over possession of the premises in their occupation within the time specified therein failing which authorizing the officer named therein to forcibly take possession of the same under the Act. One such notice issued by the Inspecting ASsistant Commissioner on June 11, 1985, reads thus :