( 1 ) RULE. Mr. R. M. Chhaya, learned A. G. P. waives service of rule. With the consent of the parties the matter is finally heard.

( 2 ) BY this petition the petitioners who are the heirs and legal representatives of deceased Maganji Govindji are challenging the order passed by Urban Land ceiling Tribunal dated 5/07/1989 in Ceiling Appeal No. 51 of 1988 confirming the order passed by Competent Authority, Surat dated 5/04/1988.

( 3 ) THE facts giving rise to the present petition are as under : deceased Maganji Govindji was the holder of parcels of land bearing survey No. 68 admeasuring 4654 sq mtrs. and Survey No. 73 admeasuring 2934 sq. mtrs. at Jahangirabad and Rander of District Surat. He purchased the said parcels of land in the year 1938 by Registered Sale Deed. On coming into force of Urban Land (Ceiling and Regulation) Act, 1976 he filed statement under Sec. 6 (1) of the said Act. In the said form he described the property as his own property and mentioned that no one else had any right, title or interest in the said property.

( 4 ) THE Competent Authority thereupon issued Draft statement under Sec. 8 (3) of the said Act calling upon deceased Maganji Govindji to file his objection to the said Draft statement. Deceased Maganji Govindji filed his objection and after taking into consideration such objection, the Competent Authority was pleased to pass order dated 9/01/1984 holding that deceased Maganji was holding excess vacant land to the extent of 6088 sq. mtrs.

( 5 ) BEING aggrieved by the said order passed by Competent Authority, deceased Maganji Govindji preferred Appeal to the Urban Land Ceiling tribunal. Such Appeal being Appeal No. Surat 478 of 1984 was allowed by the Tribunal by judgment and order dated 18th September, 1987 by quaquashing and setting aside the order of Competent Authority. The matter was remanded to the Competent Authority to hear the holder of the land and to provide him an opportunity of being heard and to produce whatever evidence he wanted to produce and to decide the matter afresh in accordance with law.

( 6 ) AFTER remand before the Competent Authority, the matter was heard afresh. During the pendency of Appeal before the Appellant Tribunal the holder of the land Maganji Govindji expired and present petitioners came to he impleaded as heirs and legal representatives. They appeared before the Tribunal as well as before the Competent Authority and contended that the parcels of land were the property of H. U. F. and as such all sons of deceased Maganji govindji has equal interest and therefore seven ceiling units ought to have been granted to the petitioners. They were also permitted to produce whatever evidence they wanted to produce and they were also heard. After taking into consideration their submissions the Competent Authority by judgment and order dated 29/03/1988 was pleased to hold that deceased Maganji Govindji was entitled to hold one ceiling unit, i. e. , 1500 sq. mtrs. of land and that 6088 sq. mtrs. of land was excess vacant land.

( 7 ) BEING aggrieved by the said judgment and order the petitioners preferred Special Civil Application No. 3903 of 1988 in this Court and they also filed Appeal being Appeal No. 51 of 1988 before the Urban land Ceiling Tribunal. The learned single Judge of this Court (M. B. Shah, J.) by order dated 6/04/1989 rejected the Special Civil application on the ground that petitioners have already filed Appeal before the Urban Land Ceiling Tribunal and therefore the petitioners should not be permitted to resort to the remedy under Art. 227 of the Constitution of India. Appeal No. 51 of 1988 was heard and decided by the Tribunal by judgment and order dated 5/07/1989. The Tribunal in terms held that the land in question was acquired by deceased Maganji Govindji by registered Sale Deed dated 15/09/1938 and therefore it was the self-acquired property of deceased Maganji Govindji. The Tribunal found that deceased Maganji Govindji had filed Declaration under