1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1698 OF 2009 Sakharam Mahadev Jadhav. .... Petitioner. Versus The State of Maharashtra & Ors. .... Respondents. Mr. Ameya Tamhane with Ms.Seema Sarnaik for the Petitioner. Mrs. M. P. Thakur, AGP for the State. Mr. Ganesh Gole for Respondent No.3. CORAM: BILAL NAZKI and MRS.V.K.TAHILRAMANI, JJ. DATED : 7TH JULY, 2009. P. C.: Rule. 2. Learned Counsel appearing for the respondents waives service of Rule on behalf of the respective respondents. 3. Considering the issue involved, by consent of the learned Counsel appearing for the parties, Rule made returnable and heard forthwith. 4. The petitioner seeks a declaration that his land which was the subject matter of regulation under the Urban Land Ceiling Act be declared in the ownership of the petitioner in view of the repeal of the said Act. He relies on the judgment of the Division Bench of this Court in the case of 2 Voltas Limited & Anr. v/s Additional Collector and Competent Authority, Thane & Ors., passed in Civil Writ Petition No. 8356 of 2006 dated 25th July, 2008 and also submits that the possession of the land continues to be with him. In the counter affidavit, no specific plea was taken by the respondents as far as possession was concerned. 5. Therefore, we directed the respondents to file additional affidavit. The additional affidavit is now filed by the Deputy Collector and Competent Authority. In view of the assertion made by the respondents and also following the judgment of the Division Bench of this Court in the case of Voltas Limited (supra), we allow the writ petition. 6. In the circumstances, Rule made absolute. 7. Writ Petition is disposed of. 8. No order as to costs. Sd/- (BILAL NAZKI, J.) Sd/- (MRS.V.K.TAHILRAMANI, J.)