( 1 ) THE order passed by the competent authority at Rajkot (respondent No. 2 herein) on 14th November 1983 in ULC Case No. 1459 as affirmed in appeal by the order passed by the Urban Land Tribunal at Ahmedabad (the appellate authority for convenience) on 18th May 1987 in Appeal No. Rajkot-163 of 1983 is under challenge in this petition under Art. 226 of the Constitution of India. By his impugned order respondent No. 2 declared the holding of the original petitioner (the deceased for convenience) to be in excess of the ceiling limit by 5731. 66 sq. mts. and declared the excess to be surplus for the purposes of the Urban Land (Ceiling and Regulation) Act, 1976 (the Act for brief ).

( 2 ) THE facts giving rise to this petition move in a narrow compass. The deceased was in occupation of certain properties within the urban agglomeration of Rajkot. The area thereof was in excess of the ceiling limit prescribed therefor under the Act. He, therefore, filled in the prescribed form under Sec. 6 (1) of the act. Pursuant thereto a draft statement was prepared and it was caused to be served to the deceased in accordance with Sec. 8 of the Act. According to the deceased he never received it. It is not in dispute that the envelope containing the draft statement was despatched at the address of the deceased by post under registered cover and it came back with the postal endorsement unclaimed. That endorsement was treated as refused. Apropos, the deceased was treated to have been served with the draft statement in accordance with Sec. 8 of the Act. The deceased filed no objection thereto for obvious reasons. By his order passed on 14th November 1983 in the aforesaid proceeding, respondent No. 2 declared the holding of the deceased to be in excess of the ceiling limit by 5731. 66 sq. mts. and declared the excess to be surplus for the purposes of the Act. Its copy is at Annexure B to this petition. The aggrieved deceased carried the matter in appeal before the appellate authority under Sec. 33 of the Act. It came to be registered as Appeal No. Rajkot- 163 of 1983. By his order passed on 18th May 1987 in the aforesaid appeal, the appellate authority dismissed it. Its copy is at Annexure C to this petition. The aggrieved deceased thereupon moved this Court by means of this petition under art. 226 of the Constitution of India for questioning the correctness of the impugned order at Annexure B to this petition as affirmed in Appeal by the appellate authority by the impugned order at Annexure C to this petition. During the pendency of this petition, the deceased breathed his last and the present petitioner as his only heir and legal representative has been brought on record in his place.

( 3 ) IT is not in dispute that the envelope containing the draft statement under sec. 8 (3) of the Act was sent to the deceased by post under registered cover and it came back with the postal endorsement unclaimed. It is unfortunate that the endorsement unclaimed was treated as equivalent of the endorsement refused. It is our common knowledge that the postman in charge of the delivery of registered articles makes endorsements like not found, left without particulars, not found at the given address, unclaimed or refused when a registered article could not be delivered by him. It cannot be gainsaid that all these endorsements have different connotations. It cannot be gainsaid that all these endorsements or any of them made by the postman would be in accordance with the rules of postal business. In that view of the matter, in absence of any evidence from the concerned official from the postal department, respondent No. 2 was not justified in coming to the conclusion that the envelope containing the draft statement bearing the endorsement of unclaimed would mean that the registered article was refused by the addressee. There could be hundred and one reasons why the endorsement unclaimed was made by the postman on the registered article in question when