10.wp.1258-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1258 OF 2009 Shri Krishna Gopal Maheshwari and others. ..Petitioners. Versus State of Maharashtra and 2 others. ..Respondents. ... Mr.R.A. Shah, Advocate i/b. Mr.P.S. Dani, Advocate for the petitioners. Mr.V.P. Malvankar, A.G.P., for the State. ... CORAM : BILAL NAZKI AND SMT. V.K.TAHILRAMANI,JJ. DATE : 8th JULY, 2009. P.C. :- 1. This Petition is being disposed of at this stage as it is submitted that the controversy arising in the Petition is covered by a judgment of this Court in the case of Voltas Ltd. And another Vs. Additional Collector and Competent Authority, Thane Agglomeration and others (Writ Petition No.8358 of 2006 decided on 25.7.2008). 2. The petitioners seek recall of notices issued by the respondent under the Urban Land Ceiling Act in view of the Act having been repealed. In the counter affidavit it is stated by the respondent that though the proceedings under Urban Land and ceiling has been completed before the repeal of the act, however, the decision was not taken. The respondents have stated that “the Respondent No. 2 has followed all the necessary procedures in as much as publication of 10.wp.1258-09 2 notification u/s. 10(1) and 10(3) and service of notices u/s. 10(2) and 10(5) of the ULC Act are concerned. That, in the present matter even the Respondent No.2 has not taken the possession of the excess land from the petitioners.” 3. In view of these statements and in view of judgment in the case of Voltas Ltd. (Supra), the petition is allowed. [BILAL NAZKI,J.] [SMT.V.K.TAHILRAMANI,J.]