mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 5683 OF 2009 Akshay A. Agarwal .. .. PETITIONER Vs. The State of Maharashtra & Ors. .. .. RESPONDENTS Mr. A. P. Mhatre, for the petitioners Mr. S. S. Bhende, AGP CORAM: SMT. RANJANA DESAI & A. A. SAYED, JJ. DATED: 12/8/2009 P.C. The petitioner has prayed that it may be declared that in view of the Notification dated 1st December, 2007 issued by respondent 2 repealing the Urban Land (Ceiling and Regulation) Act, 1976 and adopting the Urban Land (Ceiling & Regulation) Act, 1999, the proceedings in respect of the petitioner’s land as set out in the notification passed by the competent authority and the State Government U/s. 10(1) and 10(3) and the notice issued by the Competent Authority under Section 10(5) of the Principal Act has lapsed and abated and the same are therefore, non-est and unenforceable. The petitioner has also prayed that the notifications under Section 10(1) and Section 10(2) of the Principal Act dated 5/8/89 and 5/1/2006 be quashed and set aside. 2. Learned counsel for the parties are agreed that the present petition is covered by judgment of this court in Voltas Ltd. & Anr., v. Additional Collector & Competent Authority & Ors., 2008(5) Bom. C.R. 746. Affidavit is filed by Dattatraya Sambhaji Doifode, Deputy Collector and Competent Authority, Ulhasnagar Urban Agglomeration,Thane. In the affidavit it is stated that the respondents have not taken actual possession of the petitioner’s land. 3. In view of this statement and in view of the admitted position that this petition is covered by judgment of this court in Voltas’ case, the petition is made absolute in terms of prayer clause (a) qua the petitioner’s land. 4. Petition is disposed of. (Smt. Ranjana Desai, J.) (A. A. Sayed, J.)