1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 790 OF 2009 Shri Ramdas Khandu Pingale & ors. : Petitioners versus The Additional Collector & Competent Authority and ors. : Respondents. Mr. P N Joshi for the Petitioners. Smt. P S Cardoza AGP for the Respondents/State. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 18th June 2010 P.C. 1 The above Petition filed under Article 226 of the Constitution of India takes exception to the notice issued under Section10(5) of the Urban Land (Ceiling & Regulation) Act 1976 dated 30/05/2007 and also seeks declaration that all the proceedings initiated under the said Act against the Petitioners in respect of Survey No.33/26 having area of 4550 sq.mtrs situated at Mouje Makhamalabad Taluka & District Nashik to have lapsed. 2 It is not necessary to burden this order with elaborate facts. Suffice it say that the said proceedings under the ULC Act have been initially challenged on various grounds urged in the Petition. The Petitioner also now seeks benefit of the repeal of the ULC Act which in so 2 far as the State of Maharashtra is concerned, has come into force on 29th November 2007. Since the defining factor, in terms of the law laid down by this Court in Voltas Ltd. and another v/s. Additional Collector and Competent Authority and ors. reported in 200(5), Bom.C.R. 746 is the factum of possession. In so far as the said issue is concerned, there is a dispute raised by the Petitioner as regards the said issue. It is the contention of the Petitioner that the possession allegedly obtained by the State Government is only a paper possession and the Petitioner continues to be in possession. If that be so, in terms of the judgment and order of the Division Bench in Writ Petition No.1000 of 2008 the above Petition for the reliefs prayed therein cannot be entertained and is required to be rejected. However, it is made clear that all the contentions in respect of the issue of possession available to both the parties are explicitly kept open to be agitated in the civil suit which would be filed by the Petitioners seeking appropriate reliefs qua the property in question. Since the Petitioners are to avail of the remedy of Suit, in the interregnum the parties are directed to maintain status quo for a period of two months from date. 3 In the light of the aforesaid, the Petition to stand disposed of. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]