( 1 ) ). In this group of writ petitions, there is a challenge against the constitutionality of Sec. 6 (3-A), 4, 10 and 11 of the Gujarat agricultural Lands Ceiling Act, 1960 (hereinafter referred to as "the said act") on the ground that these provisions have extra-territorial operation and are ultra vires the powers of the State Legislature under Art. 245 (1) of the constitution of India. Agricultural land is a limited and inflexible thing. India is predominantly an agricultural country. The ownership and holding of agricultural land is required to be regulated and rationed. Ceiling on agricultural land holding is accepted to be necessary in order lo make available the surplus land (in excess of ceiling limit) to landless agricultural labourers. The constitutional validity of the land reforms to that effect has been upheld by the Supreme court in the context of the chapter of fundamental rights (Hasmukhlal v. State of Gujarat, AIR 1976 SC 2316 ). Therefore, ceiling on holding of agricultural land can be validly imposed. Since land is a State subject (Entry 18 of the State List), it can be imposed by the State Legislature only. Each State can decide for its territory the ceiling limit upto which a person can hold the agricultural land in the State. No State can do it for the land in the other State. So far, there cannot be any dispute. If a person holds agricultural lands at different places in Gujarat, all such lands will be taken into consideration for computing his holding, and he will be allowed to hold upto the ceiling limit only. If the State Legislature thinks it desirable that persons holding lands in different parts of Gujarat and persons holding lands in different parts of India should be treated equally so far as holding land in Gujarat is concerned can it do so ? Whether the Gujarat act, which takes into consideration the agricultural land holdings elsewhere in India of a person holding agricultural land in Gujarat for the purpose of finding out the extent to which he can hold agricultural lands in Gujarat, trespasses into the field of other State Legislatures ? These are the basic questions raised in these petitions.

( 2 ) ). The petitioners are owners of certain agricultural lands in the State of Gujarat. They also hold lands in other parts of India, outside the State of Gujarat. It appears that the concerned authorities started taking action in light of the provisions of Sec. 6 (3a) of the said Act and other consequential provisions which were inserted in the said Act by the Gujarat Agricultural lands Ceiling (Amendment) Act, 1972. The effect of the provisions of subsees. (3a) and (3b) of Sec. 6 which were inserted by the said amendment which came into effect from 2-3-1972, was that for computing the ceiling area that a person would be entitled to hold in the State of Gujarat, his holding in other parts of India was also to be taken into account. The amended provisions had, therefore, a direct effect on the extent of holding of land by a person in the State of Gujarat, if he also held land in other State.

( 3 ) ). In some of the petitions, notices have been issued for reopening the ceiling cases in light of these amended provisions; in some, notices have been issued to enable the petitioners to file their objections in connection with the proceedings in accordance with the amended provisions and in a few cases, orders have been passed pursuant to the amended provisions. The petitioners seek to challenge the action which is sought to be initiated against them in consequence of the amended provisions of the said Act.

( 4 ) ). It was contended by the learned Counsel Mr. Arun H. Mehta, appearing for the petitioners that though, ostensibly the amended provisions of the Act deal with the lands in Gujarat, in reality, they affect the land holding outside the State of Gujarat, of persons who also hold land in gujarat. He argued that in view of the provisions of Sec. 6 (3a), the holding of a person who hap