SSK/913 1 WP.910.06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.910 OF 2006 Manvel Dega Pareira ....Petitioner Versus The State of Maharashtra & Ors. ...Respondents Mr.Sandesh D. Patil, Advocate for the petitioner. Ms. Aparna D Vhatkar, AGP for respondent nos. 1 to 3. CORAM : RANJIT MORE, J. DATED : 21st APRIL, 2011. P.C.: Heard Mr. Patil, learned counsel for the petitioner and Ms.Vhatkar, learned AGP for the respondents. 2. The petition arises out of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976( in short “the Act”). By this petition, the petitioner has claimed the following relief: “...(a) The order dated 10th October, 2003 passed by the Additional Collector and Competent Authority, Thane Agglomeration, in Proceeding No.ULC/TA/TN/1/MAJIWADA/SR/111 and the Order dated 12.04.2004 passed by the Additional Commissioner, SSK/913 2 WP.910.06 Konkan Division, Mumbai, in Proceeding bearing Appeal No.ULC/113/03 and the order dated 5.10.2004 passed by the Urban Development Department, Mantralaya, Mumbai on application dated 5.5.2004 preferred by the petitioner be quashed and set aside and the entire holdings of petitioner more particularly survey no.56/9 and 81/2 situated at village Majiwade, Dist. Thane is declared as retainable land.” Perusal of the prayer along with orders referred therein discloses that no recourse to the provisions of Section 10 of the said Act was taken and proceedings are at the stage of Section 8(4) of the Act. The Urban Land Ceiling and Regulation Act, 1976 is repealed w.e.f. 29th November, 2007. In that view of the matter and in view of the decision of this Court in Voltas Ltd. & Anr. Vs. Additional Collector & Competent Authority & Ors. reported in 2008(5) Bom.C.R. 746, this petition deserves to be allowed and same is accordingly allowed in terms of prayer clause (a). The writ petition is accordingly disposed of. (RANJIT MORE, J.)