1wp-677-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.677/2010 Tukaram Hira Patil and others ..Petitioners. vs. State of Maharashtra and ors ..Respondents. Mr Deepak Poonamiya and Mrs D.A.Kashyap, Advocate for the Petitioners. Mr C.R. Sonawane, A.G.P., for the Respondents. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 8TH MARCH,2010 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. After commencement of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the U.L.C Act ), the predecessor in title of the petitioner filed his return. Pursuant to that return an order was made on 17.9.2007 declaring certain land as surplus from the holding of the petitioner. Notification under Section 10 (3) of the 2wp-677-10 Act was issued on 17.11.2007. On 29.11.2007 the Urban Land Ceiling Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999. Till that date possession of the surplus land continued with the petitioner. According to the petitioner, in view of the provisions of the Repeal Act and the judgment of a Division Bench of this Court in the case of Voltas Ltd.,and another Vs. Addl.Collector and Competent Authority and Ors reported in 2008 (5) Bom.C.R. 746 all further proceedings in relation to the surplus land have abated or lapsed as on 29.11.2007. 3. We have heard the learned A.G.P.,for the State. We have perused the record including the affidavit filed on behalf of the State Government. It is clear from the affidavit-in-reply that possession of the land declared as surplus was with the petitioner and was not taken by the State Government at least till 29.11.2007. Therefore, in view of the provisions of the Repeal Act and the judgment of the Division Bench of this Court in Volta s case (cited supra) all further proceedings in relation to surplus land under the Act have abated or lapsed with effect from 29.11.2007. 4. In the result, for the reasons recorded, the petition succeeds and is allowed. It is held that as a consequence of the Repeal Act, further proceedings 3wp-677-10 in relation to the surplus land which is subject matter of this petition stood abated with effect from 29.11.2007. Rule made absolute in terms of prayer clause (d) accordingly. No order as to costs. (D.K. DESHMUKH,J) (A.R.JOSHI,J)