N.K.Sud, J.

1. The petitioner is aggrieved by the order dated 15-1-2002 (Annexure P-15), passed by respondent No. 2, whereby his application for permission in Form 37-I filed under Chapter XX-C of the Income Tax Act, 1961 (hereinafter referred to as the Act), has been rejected by treating its as non-maintainable. He prays that a writ in the nature of certiorari be issued quashing the order, Annexure P-15. He further prays for a direction to respondent No. 2 to either pass an order under section 269UD of the Act for purchasing the property or issue a No Objection Certificate for transfer of property as per the agreement (Annexure P- 1).

2. The petitioner along with his wife Smt. Saria Ahluwalia and two sons Punit Ahluwalia and Amit Walia, entered into an agreement for purchase of SCO No. 143-144, Sector 9C, Chandigarh, with one Shri Nirankar Singh, son of Shri Karam Singh, resident of House No. 632, Phase VI, S.A.S. Nagar (Mohali), Punjab. A copy of the agreement is attached as Annexure P-1 with the writ petition.

Shri Nirankar Singh had purchased this property in an open auction held on 2-1-1998, from the Municipal Corporation, Chandigarh. The allotment was made on leasehol