: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5851 OF 2009 Waman Dagdu Kalate ... Petitioner Vs 1. State of Maharashtra & ors. ... Respondents Mr. S.M. Gorwadkar for the petitioner. Mr. V.S. Gokhale, AGP, for the respondents No.1 to 4. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 23RD SEPTEMBER, 2009. P.C.: 1. Rule. Returnable forthwith. With the consent of parties, taken up for hearing. 2. The petitioner has approached this court under Article 226 of the Constitution of India stating that though under the Urban Land Ceiling (Regulation & Control) Act, enquiries have been conducted in respect of the land bearing survey Nos.202/2B, 204/2B, 243/2B, 245/1B, 270/1B, 270/2B : 2 : and 272/3, of village Wakad belonging to the petitioner, the said lands have not been taken into possession by the respondents and on the date of the repeal of the said Act, the lands were in possession of the petitioner. The learned Assistant Government Pleader makes a statement and points out from the Affidavit filed by the State that though steps upto section 10(5) of the said Act were taken, by following process of section 10(6) forceful possession of the land has not been taken. The respondents admit that the land was in possession of the petitioner on the date of the repeal of the said Act. 3. We, therefore, find, on admitted facts, that this case is covered by the judgment in the matter of Voltas Ltd. & anr. vs. Addl. Collector & Competent Authority & ors. reported in 2008(5) Bom.C.R. 746. Under these circumstances, we declare that the urban land ceiling proceedings in respect of the land involved in the Petition belonging to the petitioner stand abated. The respondents are hereby prohibited from taking possession of the said land from the petitioner. Rule is made absolute accordingly. Sd/- Sd/- (R.M. SAVANT, J.) (S.B. MHASE, J.)