( 1 ) IN this petition under Arts. 226/227 of the Constitution the petitioners have brought in challenge the order passed by the Deputy Secretary Revenue Department State of Gujarat in exercise of the power under Sec. 34 of the Urban Land (Celling and Regulation) Act 1976 (Urban Land Act for short ). A few facts leading to this petition required to be noted at the outset.

( 2 ) FOUR petitioners claim to be co-owners of immovable property situated at the junction of Kasturba Road and Shroff Road known as Mangal Niwas in Rajkot City. The said property is comprised of S. No. 870/1. There are structures on the road flanked by open land appurtenant to this structure. The said property originally comprised of 9757 sq. yds. It was purchased by petitioner No. 1 who is since deceased and who is represented by his widow jointly with his mother Smt. Manglagauri under an indenture dated 25-1-1935. Original petitioner No. 1 had one-half share therein and his mother Manglagauri had remaining one-half share therein. Both the petitioner No. 1 and Manglagauri were tenants in common having equal shares in this land. Development work viz. construction of structure on the land was carried