- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1241 OF 2008 ... Popat Pandharinath Kale ...Petitioner v/s. Additional Collector and Competent Authority, Nashik and others ...Respondents ... Mr.R.D.Soni i/b Ram & Co. for the Petitioner. Mr.A.H.Palekar, AGP for the State. ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 26TH AUGUST, 2008 P.C.: Rule. Returnable forthwith. Heard finally by consent of parties. 2. Admittedly the land of the Petitioner was declared surplus under the Urban Land Ceiling and Regulation Act. Notification under sub-section 3 of Section 10 of that Act was issued and it was published in the government gazette on 15-2-2007. Notice under sub-section 5 of Section 10 of the Act was issued on 31-8-2007 asking the Petitioner to deliver the possession of the land. 3. It is the case of the Petitioner that till the - 2 - Urban Land Ceiling and Regulation Act was repealed by the Repeal Act on 29-11-2007 he did not deliver possession of the land to the Government and the Government also did not take possession of the land. Affidavit has been filed on behalf of the Respondents. They admit that the posession of the land was not taken. In view of this admitted position, the matter will be covered by the judgment of the Division Bench of this Court ( to which one of us was a party) in Writ Petition No.8356 of 2006 decided on 25-7-2008, as the possession of the surplus land was not taken on or before 29-11-2007 the petition will have to be allowed. 4. Rule in the petition, therefore, made absolute in terms of prayer clause (a)(i). No order as to costs. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.) - 3 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1881 OF 2008 IN WRIT PETITION NO.1241 OF 2008 ... Popat Pandharinath Kale ...Petitioner v/s. Additional Collector and Competent Authority, Nashik and others ...Respondents ... Mr.R.D.Soni i/b Ram & Co. for the Petitioner. Mr.A.H.Palekar, AGP for the State. ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 26TH AUGUST, 2008 P.C.: In view of the order passed in Writ Petition, this civil application does not survive for consideration. Disposed of as such. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)