( 1 ) PRESENT petition, under Article 227 of the Constitution of India, is by the petitioner-New Shivshakti Vijay Saw Mill, a partnership Firm through itsone of the partners, for an appropriate writ, order or direction quashing and setting aside the order passed by the Competent Authority and Deputy Collector, Urban Land Ceiling, ahmedabad dated 10-10-1988 / 5-11-1988 declaring602 sq. mtrs of land as excess vacant land under the provisions of the Urban Land (Ceiling and Regulation)Act, 1976 (hereinafter referred to as "the act" for convenience ). It is also further prayed for an appropriate writ, order or direction quashing and setting aside the order passed by the Urban Landtribunal, ahmedabad in Appeal No. (Ahmedabad)533 of 1988 dated 30/7/1990 in dismissing 2 the said appeal and confirming the order passed by the competent authority dated 5/ ll/1988. The petitioner has also prayedfor an appropriate writ, order or direction quashing and setting aside the order at annexure-J passed by the Secretary, revenue Department and Industrial commissioner, State of Gujarat, dated 22/2/ 1991 in rejecting the application of the petitioner for industrial exemption under section 20 of the Act.

( 2 ) IT is the case on behalf of the petitioner that by sale deed dated 16/12/1968 land admeasuring 1602 sq. mtrs of Survey No. 2, hissa Nos. 4 and 5 situated at Village sarkhej was purchased in the name of partnership firm - New Shivshaktivijay Saw mill, through its two partners. As per the averments in the petition, the Saw Mill business was being run on the said land and also there were constructions put on the said land before the Act came into force and the said land was required for the purpose of storing of timber and for cutting of wood. The Urban Land (Ceiling and regulation) Act on beingcame into force, the Partnership Finn filled Form No. 1 under the provisions of the Act and the Rules framed thereunder declaring land bearing survey No. 2 Sub-plot No. 4, ad-measuring 998 sq. mtrssurvey No. 2 Sub-plot No. 5 admeasuring 614 sq. mtrs. , of the land andland ad-measuring 516 sq. mtrs of the land, situated at Final Plot No. 22 of Jamalpur in their holding. The said Form was processed by the Competent Authority under the Act. lt was contended on behalf of the declarant that, on the land bearing Sub-plot No. 4 and i 5 of Survey No. 2 of Sarkhej, the said factory is constructed and each of the partnersof the partnership firm are entitled to 1000 sq. mtrs of land individually and separately, and as they are holding 1602 sq. mtrs of land, theyare not holding any excess vacant land. The competent authority under the Urban Land Ceiling Act held that, so far as the property situated at village Jamalpur is concerned, the same is in the name of one New Shivshakti Saw mill and they are occupiers and therefore the same cannot be considered in the holding of the original declarant, however, negatived the contention of the declarant of the partnership firm that each partner is entitled to 1000 sq. mtrs of land, and considering the fact that the construction upon the aforesaid two sub-plots are not legal and they are illegal, the land in question shall be considered as vacant land and further holding that partnership firm is entitled to only one unit and each partner is not entitled to a separate unit and thereby holdingthat the partnership firm is entitled toonly 1000 sq. mtrsdeclared 602 sq. mtrsof land as excess vacant land under the impugned order dated 5/11/1988.

( 3 ) BEING aggrieved and dissatisfied with the order passed by the competent authority dated 10-10-1988 / 5/11/1988 declaring 602 sq. mtrs of land as excess vacant land under the provisions of the Act, the petitioner preferred appeal under Section 33 of the act before the Urban Land Tribunal. Ahmedabad, being Appeal (Ahmedabad)No. 533of 1988, and interpreting Section 2 (q) of the Act, the Tribunal by judgment and order dated 31/7/1990, dismissed the said appeal. That there after,