1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4842 OF 2009 Madhu Virji Sathalia : Petitioners versus The State of Maharashtra & ors. : Respondents. Mr. M J Chetiwal i/by Mr S M Kamble for the Petitioner. Mr. V P Malvankar AGP for the Respondent Nos.1 to 4, 6 and 7. Mr S G Karandikar for Respondent No.5. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 20th August 2009 P.C. 1. Heard the learned counsel for the Respondent. The learned counsel for the Petitioner is absent. Learned Advocate Mr.Chetiwal states the learned counsel for the Petitioner Mr.S M Kamble is busy in some other Court. 2. From the facts of the case we find that we can dispose of the above Petition. The Petitioner has approached this Court for a declaration that he is a tenant of a land which is the subject matter of an enquiry under Urban Land Ceiling Act, and therefore, he desires to obtain a declaration that the proceedings in respect of ULC have abated in view of the Repeal of the said Act. 2 3. The Respondents have brought to our notice the order passed by this Court in Writ Petition No.3314 of 2008 in the matter of Veekaylal Investment Co and Anr v/s The State of Maharashtra & ors dated 22 nd September 2008. The Petitioners therein claimed to the owners of the property on part of which the Petitioner herein lays a claim as a tenant. Having found that they are in possession of the property and the possession of the surplus land having not been taken by the Respondents therein and relying upon the decision of the Division Bench of the Court in the case of Voltas Ltd. v/s Additional Collector and Competent Authority in Writ Petition No.8356 of 2006, “Rule” was made absolute in terms of prayer clauses (c) and (d) of the said Petition. Since this Court has already declared that the ULC proceedings in respect of the surplus land have abated, the relief sought by the Petitioner in the present Petition is already granted by the said order. Inter se dispute between the above named Petitioner and the Petitioner i.e M/s.Veekaylal Investment Co in Writ Petition No.3314 of 2008 viz landlord and the tenant can be thrashed out in an appropriate forum and the same cannot be dealt with in this Petition. Therefore, the said issue is kept open for agitation between the parties before the appropriate forum. With the aforesaid directions, the Writ Petition is disposed of. [R.M.SAVANT, J] [S.B.MHASE, J]