9911796707
TMI Blog1996 (5) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... for quashing of the consequential order dated December 14, 1994 (annexure "K"), by which possession of the property has been taken. The property in dispute is 33,333 sq. ft. of land of Municipal Plot No. 7 at Yeshwant Niwas Road, in the town of Indore. The total area of Municipal Plot No. 7 is 1,00,000 sq. ft. Respondents Nos. 4 and 5, i.e., the transferors, agreed to sell the property to the petitioners by agreement dated July 29, 1994, for a sum of Rs. 90,00,000. The statement of proposed transfer was submitted to the appropriate authority. The appropriate authority in exercise of its power under section 269UD(1A) of the Income-tax Act required the petitioner to show cause as to why an order of preemptive purchase be not made in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of the immovable property. The petitioners filed the present writ application impugning the aforesaid order as also the consequential order passed on January 6, 1995. This court by its order dated January 9, 1995, directed issuance of notice. However, no stay was granted against the order impugned. In the meanwhile, steps were taken by the authorities for sale of the property by public auction. The petitioners made a prayer for stay of the auction sale. This court by its order dated February 28, 1996, directed that "any settlement made during the pendency of the petition shall be subject to the decision of the writ petition". The auction was held on February 28, 1996, and the highest bid offered for the property is Rs. 2 crores and 5 la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oners that the price of the land in question has increased because of the new draft plan has no substance. Having given my most anxious consideration to the rival submissions, I am of the considered opinion that the draft plan has no bearing on the price fetched for the land in auction. The draft plan has not altered its use so as to increase the price of the land to the extent as offered in the auction sale, The price offered in the auction sale is about 150 per cent. above the price offered by the petitioners. Thus subsequent events preclude me from exercising my discretionary writ jurisdiction under the Constitution of India. Accordingly, I dismiss the writ petition on this short ground alone with costs to be paid by the petitioners to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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