( 1 ) THE petitioners by this petition challenge the order passed by the competent authority under the Urban Land (Ceiling and Regulation) act, 1976, hereinafter referred to as the "said Act," dated 19-4-1980 as confirmed by the appellate authority under Sec. 33 of the said Act by its judgment and order, dated 30/08/1980.

( 2 ) RELEVANT facts giving rise to the present petition are as under : (I) Deceased Babubhai Narottam Kansara and his wife Jashkorbai purchased a parcel of land bearing S. No. 205 admeasuring 2 Acres 44 Gunthas equal to 11433 Sq. Mts. by Registered Sale deed, dated 19/01/1961. Said Babubhai Narottam Kansara expired on 23/07/1970 leaving behind him his widow Jashkorbai and six major sons who are petitioner Nos. 1 to 6 herein and two major daughters who are petitioner Nos. 7 and 8 herein. His widow jashkorbai expired on 17/09/1979. (ii) The Urban Land (Ceiling and Regulation) Act, 1976 came into force in the State of Gujarat on 17/02/1976. When the Act came into force, as aforesaid, said Babubhai Kansara had expired and he died intestate leaving behind the petitioners and his widow. Under Sec. 6 (1) of the said Act all the present petitioners and their mother (widow of deceased Babubhai Kansara) filled in Form 1, and inter alia, claimed that land admeasuring 5429 Sq. Mts. was held by each one of them, over and above, other property held by them in Goregaon in the State of Maharashtra. (iii) It appears that after processing the said form the competent authority, prima facie, found that the petitioners were not entitled to hold their respective shares separately and individually, and therefore, it issued notice, dated 17/11/1979 under Sec. 6 (2) of the said Act requiring them to file fresh statement under Sec. 6 (1) as a body of individuals or as association of persons. In the said notice the competent authority further observed that on failure of the petitioners to file such statement penal action should be taken against the petitioners under Sec. 38 of the said Act. (iv) Pursuant to said notice petitioners filed fresh form under Sec. 6 (1) on 5/12/1979 as an association of persons or body of individuals and therein they mentioned the property bearing s. No. 205 admeasuring 11433 Sq. Mts. and two properties situated in the State of Maharashtra. It may be stated at this stage that there is no dispute as regards properties situated in the State of Maharashtra and only the dispute centers round the s. No. 205 admeasuring 11433 Sq. Mts. situated at Udhna. In this statement the petitioners further claimed that they had 1/8th share each in the said properties since their mother had died by that time and they also stated that they were the members of undivided hindu Family. (v) The competent authority, thereafter, issued draft statement under Sec. 8 (1) of the said Act. Said draft statement was prepared on the basis that the petitioners were a body of individuals. Petitioners filed their objections to the said draft statement on 15/01/1980. The petitioners also filed application for exemption under Sec. 20 of the said Act. Which came to be rejected on 31/03/1980 presumably on the ground that the land was required by the local authorities. (vi) Thereafter, the competent authority passed impugned order, dated 19-4-1980 holding that all the eight petitioners were holding the said parcel of land as a body of individuals and they were in possession of excess land to the extent of 10157 Sq. Mts. From the total holding of 11657 Sq. Mts. the competent authority granted 1,500 Sq Mts. of land as permissible holding and the balance vacant land being 10157 Sq. Mts. was declared to be excess vacant land. The competent authority also reached a finding that since the petitioners inherited property from their deceased father Babubhai Kansara when he died intestate in the year 1970 they cannot be said to be holding land as undivided H. U. F. Such finding was reached without any reasoning except stating that the petitione