AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1795 OF 2010 Janardan Harishchandra Patil ... Petitioner Vs. The Additional Collector & Competent Authority, Thane Urban Agglomeration, Dist. Thane & Anr. ... Respondents Mr. A.R. Shaikh for the petitioner. Mr. V.S. Gokhale, A.G.P. for the State. CORAM: MRS. RANJANA DESAI & R.V. MORE, JJ. DATED : 6TH SEPTEMBER, 2010. P.C.:- 1. The case of the petitioner in this petition is that in view of the repeal of the Urban Land (Ceiling & Regulation) Act, 1976 (for short, “the Principal Act”) by the Urban Land (Ceiling & Regulation) Repeal Act, 1999, the proceedings initiated under the Principal Act in respect of the petitioner's AJN 2 land be declared as having been abated since the possession of the concerned land is still with the petitioner. The petitioner has prayed that notice dated 7/3/2005 issued under Section 10(5) of the Principal Act calling upon the petitioner to hand over excess vacant land (for convenience, “the said land”) be quashed. 2. We have heard learned counsel for the petitioner. He submitted that the possession of the said land is still with the petitioner and, hence, this case is covered by the judgment of the Division Bench of this court in Voltas Limited & Anr. v. Additional Collector and Competent Authority, Thane Urban Agglomeration & Ors. 2008 (5) Bom.C.R. 746. 3. Learned counsel has drawn our attention to the affidavit of Mr. Bhausaheb Joti Patil dated 11/8/2010 in which, in paragraph 3, it is stated that the possession of the excess land as per the table reproduced in the paragraph is not obtained by the Government. Mr. Gokhale, learned AJN 3 A.G.P. confirmed this fact and accepted the petitioner's contention that this case is covered by the above stated judgment. 4. In view of this admitted position, the petitioner must succeed. Hence, the petition is allowed in terms of prayer clause (a) of the petition. The proceedings initiated in respect of the said lands under the Principal Act are declared as having abated. The petition is disposed of. [MRS. RANJANA DESAI, J.] [R.V. MORE, J.]