VISHWA BANDHU PEARYELAL GUPTA Vs. S K LAUL

JUDGEMENT

(1.) In this petition, the challenge is to the order dated 25th February, 1993 passed by the Appropriate Authority under section 269 UD(1) of the Income Tax Act, 1961 ('the Act' for short) whereby 'Abhishek Bungalow' situated at 4 Bungalows, Off Linking Road, Andheri (West), Mumbai -400 058 ('property in question' for short) is sought to be purchased by the Appropriate Authority under Chapter XX-C of the Act.

(2.) The facts relevant for the purpose of the present petition are that by an agreement dated 5th October, 1989 the petitioners agreed to purchase from the respondent No.5 the property in question for a lumpsum price of Rs.45,00,000/- subject to the tenancy of respondent No.6. On an application made in form No.37-I the Appropriate Authority under the Act passed an order on 28th December, 1989 purporting to purchase the said property without giving any opportunity of hearing to the petitioners.

(3.) Aggrieved by the said order, the petitioners filed a Writ Petition bearing No.93 of 1990. The said Writ Petition was allowed by this Court on 16th December, 1992 whereby the purchase order dated 28th December, 1989 was quashed and set aside and the matter was remanded with directions to reprocess the application of the petitioners in the light of the Judgment of the Supreme Court in C.B.Gautam V/s. Union of India reported in 199 I.T.R. 530.