- (1.) HEARD learned counsel for the petitioners and learned standing counsel for the Revenue.
(2.) THE petitioners seek quashing of the order dated December 17, 1991, annexure 2 to the writ petition, by virtue of which the authority ordered purchase by the Central Government of the immovable property in question, described in the schedule under Section 269UD(1) of the Income-tax Act, 1961, and further for a direction not to interfere with the right of the petitioners to transfer the said property. At the time of filing of this petition, this court on January 3, 1992, stayed the operation of the order dated December 17, 1991 (annexures Nos. 2 and 3 to the writ petition), which is still in operation till this date. In view of the exchange of affidavits between the parties, and as agreed to between learned counsel for the parties, the present petition is being disposed of finally at the stage of admission in accordance with the rules of the court.
(3.) THE petitioners agreed to sell their land to one Shri Ajit Singh and his wife, Smt. Radhika Singh, jointly on July 25, 1991, for Rs. 14,50,000 out of which a sum of Rs. 4,25,000 was paid to the petitioners initially. THEreafter, the aforesaid transferees applied for permission for transfer of the land under Section 269UE of the Act before the appropriate authority. THEreafter, the petitioners received the impugned order dated December 17, 1991, passed by the appropriate authority intimating the petitioners that their property had been acquired and purchased by the Central Government under Section 269UD(1) of the Act and the said property vests in the Central Government. It is this order which is the subject-matter of challenge in the present writ petition. The main contention raised on behalf of the petitioners is that before passing this order, no opportunity was given by the respondents, hence the said order is unsustainable.;