1 3170.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3170 OF 2010 Namdeo Ganpat Tingre .. Petitioner vs The Competent Authority Under the Urban Land (Ceiling and Regulation) Act, 1976 .. Respondents Mr.Vishal Kanade i.b Mr.S.S.Gawade for Petitioner. Mr.S.N.Patil AGP for Respondents CORAM : D.D.SINHA & MRS MRIDULA BHATKAR, JJ DATE : 18 th June, 2010. P.C. 1. Heard learned counsel for the petitioner and learned AGP for the State. 2. Rule. Rule made returnable forthwith by consent of the parties. 3. Learned counsel for the petitioner states that the issue involved in the present petition is squarely covered by decision of this court in VOLTAS LTD & ANR VS. THE ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY & ORS REPORTED IN 2008 (5) Bom.C.R.page 746. In view of the law declared by this court in the said decision, proceedings initiated by the competent authority by issuing Notification under section 13 (3) and notice of possession under section 10 (5) of the Urban Land 2 3170.sxw (Ceiling and Regulations) Act, 1976 no more survives and the said proceedings stands abated since possession of the land in question has not been taken till this date by the competent authority. 4. The learned AGP does not dispute the factual and legal aspect of the matter. 5. In view of the undisputed facts as well as law declared by this court in VOLTAS s case, we quash and set aside the Notification under section 10 (3) and notice under section 10 (5) of the Urban Land (Ceiling and Regulation) Act, 1976, we allow the petition in terms of prayer clause (a). No order as to costs. D.D.SINHA, J MRS MRIDULA BHATKAR, J