TAQIUDDIN HYDER Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) As all the six writ petitions are interconnected, they are disposed of by this common order.

(2.) The writ petitions concern the legality of two pre-emptive purchase orders in References Nos. AA/(Hyd)/07/(14) 09 of 1991-92 and AA/(Hyd)/07/(15) 09 of 1991-92, both dt. 23rd Sept., 1991, issued by the Appropriate Authority, IT Department, under s. 269UE(2) of the IT Act, 1961, in respect of the premises bearing No. 5-9-1112/1 and 2, Church Road, Gunfoundry, Hyderabad. In respect of both the premises the owner, Smt. Abidunnissa Begum, entered into two agreements of sale. With regard to premises No. 5-9-1112/1, the agreement of sale stipulated a consideration of Rs. 12,20,000 and with regard to premises No. 5-9-1112/2, the consideration stipulated in the agreement of sale was Rs. 15,80,000. The vendor as well as the two vendees informed the IT authorities in Form No. 37-I about the transactions for the purpose of obtaining clearance certificate. At that stage, the Appropriate Authority passed the two impugned orders on 23rd Sept., 1991, under s. 269UD(1) of the IT Act, 1961 for purchasing the premises in question, without issuing notice or affording an opportunity to the vendor, vendees and other persons interested.

(3.) The petitioner in Writ Petn. No. 12942 of 1991 is the tenant in occupation of the premises bearing No. 5-9-1112/1 in which he is carrying on business in crockery. The petitioner in Writ Petn. No. 14293 of 1991 is a registered club, which has been located in the premises bearing No. 5-9-1112/2 since 1972. The petitioners in Writ Petns. Nos. 16196 and 16185 of 1991 are the transferees under the two agreements of sale, dt. 3/07/1991.