( 1 ) THIS appeal under the Letters Patent is directed against a judgment dated 10th March, 1998 by a learned Single Judge of this Court whereby the writ application filed by Respondent No. 4 in this appeal has been dismissed. Respondent No. 4 had filed writ petition No. 2886 of 1994 along with G. A. No. 2066 of 1995 wherein he had challenged the order dated 24-06-94 passed by Respondent No. 1, the Appropriate Authority consituted under section 269-UB of the Income Tax Act. In the writ application the appellant herein Murlidhar Ratanlal Exports Limited and Digvijay Cement Company Ltd. , Respondent No. 4 herein, had entered into an agreement of sale on 7th March, 1994 in their capacities as proposed Vendee and Vendor respectively in respect of the sale of a Mill known as "hasting Jute Mill" situated at G. T. Road, Rishra as a going concern, inclusive of assets and liabilities as per the terms and conditions contained in the said Agreement. The property included land measuring 105 bighas and 18 cottahs and the structures raised thereon along with all errections etc. , inclusive of fixitures and fittings and various plants and machineries. The total consideration by w