IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6908 OF 2008 WRIT PETITION NO. 6908 OF 2008 WRIT PETITION NO. 6908 OF 2008 Shri Dasharath Dagadu Ghule & Ors. ...Petitioners Versus The State of Maharashtra & Ors. ...Respondents Mr. G.S.Godbole, Advocate, for the petitioners. Mr. V.A.Sonpal, AGP, for respondent Nos.1 to 3. CORAM: BILAL NAZKI & J.H.BHATIA,JJ CORAM: BILAL NAZKI & J.H.BHATIA,JJ CORAM: BILAL NAZKI & J.H.BHATIA,JJ DATE: 2nd December, 2008. DATE: 2nd December, 2008. DATE: 2nd December, 2008. P.C. P.C. P.C. 1. The petitioners have challenged the notice issued on 16.8.2007 under Section 10(5) of the Urban Land (Ceiling & Regulation) Act, 1976 (for short "the said Act"). This was in pursuance of a Notification issued under Section 10(3) of the said Act issued earlier. The learned Counsel for the petitioners contended that in view of the repeal of the said Act and in view of the fact that possession of the petitioners’ land had not been taken away by the respondents, the petitioners are entitled to retain the land. He relies on a Judgment of this Court in Voltas Ltd. & Anr vs. Additional Voltas Ltd. & Anr vs. Additional Voltas Ltd. & Anr vs. Additional Collector and Competent Authority & Ors.(Writ Petition Collector and Competent Authority & Ors.(Writ Petition Collector and Competent Authority & Ors.(Writ Petition No.8356 of 2006). No.8356 of 2006). No.8356 of 2006). In that matter, it has been admitted that though the notice had been issued under Section 10(5), after a notification was issued under Section 10(3) of the said Act, possession had not been taken by the State. It was held that in view of repeal of the said Act, Government could not take possession of the land inspite of such a notification. Present case is squarely covered by that Judgment. 2. Therefore, following the Judgment of this Court (cited supra), we allow this Writ Petition and quash and set aside the impugned notice. (BILAL NAZKI,J.) (BILAL NAZKI,J.) (BILAL NAZKI,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)