- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3692 OF 2010 Shri Kachare Kashinath Bhoir & ors .. Petitioners vs The State of Maharashtra & ors . Respondents Mr.S.M.Oka i.b Mr.Sagar Joshi for Petitioner Mr.C.R.Sonawane AGP for Respondents. CORAM: D.D.SINHA & MRS.MRIDULA BHATKAR,JJ DATE: 28th June, 2010 P.C. 1. Heard learned counsel for the petitioners and the learned AGP for the State. 2. Rule. Rule made returnable forthwith by consent of the parties. 3. Counsel for the petitioners state that action initiated by the competent authority under the provisions of Urban Land (Ceiling and Regulation) Act,1976 by issuing Notification under section 10 (1) 10 (3) and 10 (5) of the said Act in respect of land out of survey no.88/4 situated at village Owale, Taluka and District Thane stands abated after the repealing Act came into force, in view of the - 2 - law declared by this court in VOLTAS LTD & ANR VS. THE ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY & ORS REPORTED IN 2008 (5) Bom.C.R.page 746 since possession of the surplus land declared out of survey No.88/4 is with the petitioner even today. 3. The learned AGP does not dispute the factual and legal aspect of the matter including the fact that possession of the land in question out of survey No.88/4 is still with the petitioner. 4. Considered the contentions canvassed by the respective counsel in view of the above referred undisputed fact as well as law declared by this court in VOLTAS s case, notifications issued by the competent authority under section 10 (1), 10 (3) and 10 (5) pertaining to survey no.88/4 stands abated. Writ Petition is allowed in above terms. Rule is made absolute in above terms. No order as to costs. D.D.SINHA,J MRS.MRIDULA BHATKAR, J - 3 -