1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.302/2009 Vikram Govind Apte & Anr. Petitioners Vs. Deputy Collector & Competent Authority (U.L.C.)Kolhapur,& Anr. Respondents Mr.Atul G.Damle for petitioner Ms.M.P.Thakur,AGP for State Coram :J.N.Patel & Mrs.Mridula Bhatkar,JJ. Date :25th June,2009 P.C.(Mrs.Mridula Bhatkar,J.) . Rule. 2] Rule returnable forthwith and heard finally by consent . 3] The petitioners have filed this petition for declaration that all the proceedings in respect of land admeasuring 3095.34 sq.mtrs.situated at Pachgaon, Kolhapur uner the provisions of the Urban Land (Ceiling & Regulation)Act,1976 Act shall stand abated and for writ or order in the nature of mandamus or any other appropriate 2 writ from initiating any proceedings in furtherance of notice dated 1/10/2007 issued under section 10(5) of the Urban Land (Ceiling & Regulation)Act,1976.By an order dated 31/3/1980 the competent authority declared land admeasuring 3095.34 sq.mtrs. situated at Pachgaon, Kolhapur belonging to the petitioners as surplus land . The petitioners also filed scheme under section 20 but no orders are passed on the same. The original holder of the land died on 19/8/1992. Being her heirs they informed the fact of death of original owner by their letter 24/2/2006 to respondent no.1. But respondent no.1 issued notice under section 10(5) of The Urban Land (Ceiling & Regulation)Act,1976 on 1/10/2007 . Hence the petition. 4] The respondents have filed affidavit in reply in which it is agreed that the possession of the land was not taken by the respondents and it is with the petitioner. 5] The Urban Land (Ceiling & Regulation)Act,1976 was repealed on 29/11/2007 and so the proceedings under the said Act are abated since the said date. In the present matter the Government has not taken any steps under section 10(3) of the said Act. Thus,the case of the 3 petitioner is covered under the decision of the Supreme Court Mukarram Ali Khan Vs. State of U.P.& Ors.,AIR, 2007,Hon’ble Supreme Court,6282; in which it is held as follows 5]Section-4 of the Repeal Act reads as follows : 4.Abatement of legal proceedings- All legal proceedings relating to any order made or purported to be made under the Principal Act pending immediately before the commencement of this Act ,before any Court, tribunal or other authority shall abate; Provided that this section shall not apply to the proceedings relating to Sections 11,12,13 and 14 of the principal Act insofar as such proceedings are relatable to the land,possession of which has been taken over by the State Government or any person duly authorised by the State Government in this behalf or by the competent authority. 6] In view of the affidavit filed by the appellant to which no objection has been filed,undisputed position is that the State has not taken the possession over the surplus land.Therefore,the proceedings have to be treated to have abated under Section 4 of the Repeal Act. 6] Further reliance is placed on Voltas and Others Vs.Additional Collector & Competent Authority ,2008(5) Bom.C.R.746 and the SLP preferred against this decision was dismissed by the Hon’ble Supreme Court. 4 7] The petition will therefore have to be allowed in terms of prayer clause(a),& (b) which reads as follows. a] That the Hon’ble Court be pleased to call for the record and proceedings in the matter of the impugned notice dated 1/10/2007 issued by the Respondent no.1 being Exh.’A’ to the Petition and after going in to the legality and validity of the same be pleased to set aside and /or quash the same and that this Hon’ble Court may please to further hold and declare that all the proceedings in respect of land admeasuring 3095.34 sq.mtrs. Situated at Pachgaon,at Kolhapur under the provisions of ULC Act shall stand abated. b] That this Hon’ble Court be please to restrain the respondents by an appropriate writ or order in the nature of mandamus or any other appropriate writ from initiating any proceedings in furtherance of notice dated 1/10/2007 issued under section 10(5) of ULC Act Exh.’A’ to the petition. Rule made absolute with no order as to costs. (J.N.Patel,J.) (Mrs.Mridula Bhatkar,J.) SRS