( 1 ) WHETHER an order under the provision of Sec. 65 of the bombay Tenancy and Agricultural Lands Act, 1948 (the Tenancy Act) for assumption of management of land which allegedly remained uncultivated, is legal and valid and secondly what is the impact and ramification of the provisions of sec. 42 of the Urban Land (Ceiling and Regulation) Act, 1976 (u. L. C. Act), are the two main questions requiring examination and adjudication in this petition under arts. 226 and 227 of the Constitution of India. The petitioners are the agriculturists holding land at Chandkheda, Taluka Gandhinagar, admeasuring 1 acre-37 gunthas. The Deputy Collector passed an order for assuming management of the disputed land which allegedly remained uncultivated for three years which is under challenge in this petition. Sec. 65 of the Tenancy Act reads as under :"65. (1) If it appears to the State Government that for any two consecutive years, any land has remained uncultivated or the full and efficient use of the land has not been made for the purpose of agriculture, through default of the holder or any other cause whatsoever not beyond his control, the State Government may, after making such inquiry as it thinks fit, declare that the management of such land shall be assumed. The declaration so made shall be conclusive. (1a) The assumption of management of land under sub-sec. (1) on the ground that the full and efficient use of the land has not been made for the purpose of agriculture shall be for such period as the State Government may from time to time fix, so, however, that such period shall not exceed ten years in the aggregate. (2) On the assumption of the management, such land shall vest in the State government during the continuance of the management and the provisions of chapter IV shall, mutatis mutandis apply to the said land ; provided that the Manager may in suitable cases give such land on lease at rent even equal to the amount of its assessment : provided further that, if the management of the land has been assumed under sub-sec. (1) on account of default of the tenant, such tenant shall cease to have any right or privilege under Chapter II or III, as the case may be, in respect of such land, with effect from the date on and from which such management has been assumed. "

( 2 ) THE petitioners had applied for permission under Sec. 21 of the Ceiling Act for exemption from excess land on the ground of a scheme for construction of houses for weaker sections after the petitioners filed a declaration in Form No. 1 under sec. 6 (1) of the U. L. C. Act. Such permission was granted by the competent authority on 6-11-1987. Provisions of Sec. 21 of the Ceiling Act read as under :"21. (1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter, where a person holds any vacant land in excess of the ceiling limit and such person declares within such time, in such form and in such manner as may be prescribed before the competent authority that such land is to be utilised for the construction of dwelling units (each such dwelling unit having a plinth area not exceeding eighty square metres) for the accommodation of the weaker sections of the society, in accordance with any scheme approved by such authority as the State government may, by notification in the official gazette, specify in this behalf, then, the competent authority may, after making such inquiry as it deemed fit, declare such land not to be excess land for the purposes of this Chapter and permit such person to continue to hold such land for the aforesaid purpose, subject to such terms and conditions as may be prescribed, including a condition as to the time-limit within which such buildings are to be constructed. (2) Where any person contravenes any of the conditions subject to which the permission has been granted under sub-sec. (1), the competent authority shall, by order, and after giving such person an opportunity of being heard, declare such lan