IN THE HIGH COURT OF JDICATURE AT BOMBAY CIVIL APPELLATE CIVIL JURISDICTION WRIT PETITION NO.8754 OF 2007 Shivaji Bala Gaikwad ......Petitioner V. State of Maharashtra & others ...... Respondents Mr. S.M. Gorwadkar for the Petitioner Mr. Jyoti Pawar, Addl. G.P for Respondent Nos. 1 and 2 CORAM : SMT. RANJANA DESAI AND A.A. SAYED, JJ. DATE : 10TH AUGUST, 2009. P.C. 1 Heard learned Counsel for the petitioner and leaned Additional G.P. The petitioner has inter alia prayed as follow:- (b) " Record and proceedings in this matter be called for and it may be declared that the Government of Maharashtra has no authority to consider and decide any proceedings either suo-motu or at the behest of the parties under Urban Land (Ceiling & Regulation ) Act, 1976 after 14.3.2007 day on which Government of Maharashtra had resolved in propose the repeal of the Urban Land (Ceiling & Regulation) Act, 1976." (c) Impugned order dated 31.10.2007 passed under Section 34 of the Urban Land (Celing & Regulation) Act, 1976 in respect of Survey No. 81/1/1 (part) at Dighi thereby setting aside the order dated 5.2.1999 of the Respondent No.2 directing the Petitioner to pay market value of the said land as per the Government Ready Recokoner for the purpose of development and also directing recovery of the said amount as arrears of land revenue anddirecting criminal prosecution against the petitioner, be quashed and set aside." Learned Counsel for the parties are agreed that the present petition is covered by the Judgment of this Court in Voltas Ltd. and another V. Additional Collector in 2008 (5) Bom, C.R. 746 . Learned Additional G.P. on instructions from the Additional Collector, Pune made a statement that the possession of the concerned land is not taken by the State from the petitioner. In view of this, in the light of the Judgment of this Court in Voltas Ltd V. Additional Collector, we make rule absolute in terms of prayer clause (c) qua the petitioners lands. 2 Petition is disposed of. A.A. SAYED J. SMT. RANJANA DESAI, J.