GOSWAMI, C. J. :- This application under Article 226 of the Constitution of India is directed against an order of the State Government passed under Sec.7 (3) of the Assam Fixation of Ceiling on Land Holdings Act.1956, briefly the Act.

2. The petitioner is a company incorporated under the Indian Companies Act having its place of business at Barduar in Kamrup District. The company was formed for manufacturing tea and for extracting forest products, by which, we understand, timber is meant. The company owns about 15000 Bighas of land. A land ceiling case being No.172/61, was started against the company under the provisions of the Act.

3. We find from Annexure-3 to the counter-affidavit that the petitioner did not submit any return under the Ceiling Act and therefore, a draft statement was prepared under Section 6 of the Act. We are concerned with the Fee Simple Grant of the Tea Estate which contains an area of 12,621 and odd Bighas, put of which the area considered as excess is 9991 Bighas 3 Kathas 10 Lechas. This land is described in the return as having Sal trees, agricultural land and deep forest. It is not, however shown in the return what area is covered by Sal trees and d