1 WRIT PETITION NO.9248 OF 2007 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9248 OF 2007 Damodar Karunakar Nambiyar : Petitioner versus Additional Collector & Competent Authority Thane and ors. : Respondents. Mr.S G Karandikar for the Petitioner. Ms. P S Cardoza, AGP for the Respondents/State. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 16th July 2010 P.C. 1 Rule, by consent of the parties made returnable forthwith and heard. 2 The Petitioner claims to be the owner of the land bearing Survey Nos. 30/2 admeasuring 11508 sq.mtrs and 135/1 admeasuring 2023 sq.mtrs. Of village Mira, Dist. Thane. The Petitioner has challenged the order dated 7/11/2007 passed by the Revisional Authority as also the order dated 26/3/2007 passed by the Additional Commissioner, Konkan Division, Mumbai in ULC Appeal No.414/2006. The order passed by the Revisional Authority is challenged on the ground that no revision would lie in view of the fact that and appeal was already filed and it was disposed of by the order dated 26/3/2007. Though the challenge is based on the said ground, we need not go into the said issue as the above Petition is required to be allowed on another ground, in terms of the law laid down by this Court in the matter of Voltas Ltd. & ors. v/s. Additional Collector and Competent Authority reported in 2008(5) BCR 746, the factum of possession of the land in question is a crucial 2 WRIT PETITION NO.9248 OF 2007 determining factor as to whether the relief sought for the Petitioner in the instant Petition can be granted, an Affidavit in reply has been filed by Mr.Bhausaheb Joti Patil, Additional Collector and Competent Authority, Thane Urban Agglomeration, Thane in which affidavit it has been stated that possession of the excess land is not obtained by his office. 5. In the light of the view that the Division Bench of this Court has taken in Voltas Ltd. & ors. v/s. Additional Collector and Competent Authority (Supra) and considering the admitted position as regards possession, which is mentioned in the Affidavit of Mr.Bhausaheb Joti Patil, the above Petition is required to be allowed and is accordingly allowed in terms of prayer clauses (b-1) and (b-2). Rule is accordingly made absolute with parties to bear their own costs. [R.M.SAVANT, J] [P.B.MAJMUDAR, J] 3 WRIT PETITION NO.9248 OF 2007