-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4616 OF 2010. M/s. R. R. Enterprises. ..Petitioner. Versus The Addl. Collector and Competent Authority and Anr. ..Respondents. Mr. A. R. Shaikh for the petitioner. Mr. V. S. Gokhale, AGP. Coram : SMT. RANJANA DESAI & R. V. MORE, JJ. Date : September 30, 2010. P. C. : 1. Counsel for the parties agree that this case is covered by the judgment of the Division Bench of this court in Voltas Limited & Anr. v. Addl. Collector & Competent Authority, Thane Urban Agglomeration & Ors. 2008 (5) B.C.R. 746. Counsel for the petitioner submitted that the possession of the concerned land is still with the petitioner. Affidavit has been filed by Bhausaheb Joti Patil, Addl. Collector & Competent Athority, Thane Urban Agglomeration, Thane dated 15/09/2010. Paragraph no.3 thereof reads as under : I say that the State of Maharashtra has adopted the Repeal Act, 1999, w.e.f. 29-11-2007. I say that as per the statutory provisions, this srp -: 2 :- Respondent has completed the procedure in respect of the subject land declaring the surplus land u/s 10(1), 10(3) and 10(5) of the ULC Act, and therefore had land is vested with the Government. However, the actual and physical possession of the subject land is not taken by this Respondents. 2. It is clear that the actual and physical possession of the concerned land is not taken by the respondents. Therefore as stated by the counsel for the parties, this case is covered by Voltas Limited and Another (supra). Hence, the petition is made absolute in terms of prayer clauses (a) (b) and (c). The petition is disposed of. (R.V. More, J.) (Smt. Ranjana Desai,J.)