- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8968 OF 2007 ... Smt.Manjulabai Mard Ganpat Mate and others ...Petitioners v/s. Addl.Collector and Competent Authority & others ...Respondents ... Mr.S.S.Kulkarni for the Petitioners. Mr.A.H.Palekar, AGP for State. ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 29TH JULY, 2008 P.C.: 1. Heard the learned Counsel for both sides. 2. The land of the Petitioners was declared as surplus under the Urban Land Ceiling Act. A Notification under sub-section 3 of Section 10 was issued on 27-10-2005. An order under sub-section 5 of Section 10 was made on 5-7-2007 for delivery of possession. According to averments in the petition, the Petitioners did not deliver possession. The Government also did not take possession till 29-11-2006 when the Urban Land Ceiling Act came to be - 2 - repealed. In the affidavit filed on behalf of the Government, there is a statement made that the Government will take possession. Thus, it is clear from the record that on 29-11-2006 when the Act was repealed, the possession of the land which is declared surplus under the Urban Land Ceiling Act was not taken by the Government. Therefore, in view of the judgment passed in Writ Petition No.8356 of 2006 (Voltas Ltd. & Anr. v/s. Addl.Collector & Competent Authority, Thane) dated 25-7-2008, this petition will have to be allowed. It is accordingly so allowed. Rule is made absolute in terms of prayer clause a(i) & a(ii). At the request of the learned AGP, it is directed that for a period of eight weeks from today both parties shall maintain status-quo in relation to the land which is the subject matter of the petition. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)