: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6145 OF 2009 1. Kundlik Kanha Patil & ors. ... Petitioners Vs 1. The Competent Authority Ulhasnagar Urban Agglomeration Collector Office & ors. ... Respondents Mr. Deepak Poonamiya for the petitioner. Mr. C.R. Sonawane, AGP, for the respondents No.1 to 3. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 7TH SEPTEMBER, 2009. P.C.: 1. Heard. 2. This is a Petition filed by the petitioner challenging the proceedings under the Urban Land (Ceiling & Regulation) Act, 1976. The petitioner contends that in view of the repeal of the said Act, the proceedings under the Urban Land Ceiling have abated. He further states that the possession : 2 : of the land was not taken till the Act was repealed and thereafter also. The respondents have also filed a reply. They state that the Notice under section 10(5) was issued to the petitioner on 6th May, 2006 directing the petitioner to hand over possession within 30 days. However, the petitioner has not surrendered possession and respondents have not taken possession under section 10(6) of the said Act. It is an admitted fact that actual possession has not been taken by the respondents. 3. In view of the judgment in the case of Voltas Ltd. & Anr. v. Addl. Collector & Competent Authority & ors. reported in 2008 (5) Bom. C.R. 746, now the respondents cannot take possession of the property. We allow the Petition and refrain the Respondents from taking possession of the land in question as the proceedings under the Urban Land (Ceiling & Regulation) Act stand abated. 4. Rule is, accordingly, made absolute. Sd/- Sd/- (R.M. SAVANT, J.) (S.B. MHASE, J.)