S.R. Waghmare, J.

1. By this petition under Article 226 of the Constitution of India, the petitioner is aggrieved by order dated passed by the respondent No. 3 Upper Collector and Competent Authority, Nagar Bhumi Viniyaman (Annexure P/1) noticing the petitioner for handing over possession of the disputed land under the Urban Land Ceiling Act.

2. Briefly stated the petitioner is a citizen of Indore and resides at village Tejpur Gadbadi and is in possession of ancestral property bearing survey No. 310 and half the land of the survey ad-measuring 0.509 hectare. That the said land was agricultural land and application was filed that the land be excluded under Section 20 of the Ceiling Act. The application is Annexure P/2. A case for urban land ceiling bearing No. 384/A-90/C 1/77-78 was pending before the respondent No. 3 competent authority under the Urban Land Ceiling Act, 1976. It was also stated that all the family members were the equal share holders in the ancestral land and the respondent No. 3 had erred in only excluding 0.150 hectare of the said land. However, Respondent No. 3 declared 0.359 hectares as surplus and demanded filing of the draft statement under Section 8(1)