WP/5222.10 1 SSK/AS/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5222 OF 2010 Ashok Baliram Mirkute & Ors. ....Petitioners Versus The State of Maharashtra & Ors. ....Respondents Mr. G. S. Godbole i/b. Mr. S. R. Ronghe, Advocate for the petitioners. Ms. P. S. Cardozo, AGP. CORAM : SMT. RANJANA DESAI & RANJIT MORE, JJ. DATED : 15th OCTOBER, 2010. P.C.: Learned counsel for the parties are agreed that this petition is squarely covered by the judgment of the Division Bench of this Court in Voltas Limited and Anr. Vs. Additional Collector and Competent Authority, Thane Urban Agglomeration & Ors. 2008 (5) Bom.C.R.746. Our attention is drawn to the affidavit filed by Mr. Balaram Dhondu Jadhav, Deputy Collector and Competent Authority, Ulhasnagar Urban Agglomeration, Thane. In paragraph 3 of the said affidavit, Mr. Jadhav has stated as under: “ I say that though this respondent has followed the statutory provision u/s 10(1), 10(3) and 10(5) of the Principal WP/5222.10 2 SSK/AS/4 Act, but the actual and physical possession of the said surplus land was not taken by this respondent. In view of these facts and reasons, appropriate order may be passed by the Hon’ble Court.” It is, therefore, clear that the actual and physical possession of the said surplus land has not been taken by the respondent. In view of this, the petition will have to be made absolute in terms of prayer clauses (c) and (d) and is made absolute accordingly. The petition is disposed of. (RANJIT MORE, J.) (SMT. RANJANA DESAI, J.)