1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8206 OF 2009 Mr Prakash Govind Adsul and ors. ...Petitioners v/s The State of Maharashtra and anr. ...Respondents Mr R.P. Walvekar for Petitioner. Mr S.N. Patil, AGP for Respondents. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 15TH FEBRUARY 2010. 2 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] The subject matter of this petition is land bearing survey No.47, situated at Sarnobatwadi, Taluka Karvir, District Kolhapur. Pursuant to the return filed by the petitioner under the Urban Land (Ceiling and Regulation) Act 1976, by order dated 19th September 1984 passed by the respondent No.2, land admeasuring 931.20 sq.mtrs. from the holding of the petitioners was declared as surplus. Thereafter, Notification under section 10(1) of the said Act was issued on 24th August 2006 and Notification under section 10(3) of the said Act was issued on 11th January 2007. According to the petitioner, till the Urban Land (Ceiling and Regulation) Act 1976 was repealed on 29th November 2007 in the State of Maharashtra, possession of the land declared as surplus was not taken. It appears that the physical possession of the land was taken 3 on 30th January 2008. The case of the petitioners is that as possession of the land declared as surplus was not taken before 29th November 2007, all proceedings under the said Act in view of the provisions of the Repeal Act and the judgment in the case of Voltas Ltd. and anr. v/s Additional Collector and Competent Authority and others, reported in 2008(5) Bom.C.R. 746, would abate and therefore, there was no authority or power to take possession of the surplus land on 30th January 2008. The respondents have filed reply. In the reply, they have stated that possession of the land was taken on 30th January 2008. In view of this admitted position, the petition will have to be allowed. Petition is accordingly allowed, it is declared that all further proceedings under the said Act in respect of land bearing survey No.47 of Village Sarnobatwadi, Taluka Karvir, District Kolhapur are abated. In view of the aforesaid facts, provisions of the Repeal Act and the judgment in Voltas Ltd. s case referred to above, rule is made absolute in terms of prayer clause (a) 4 with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )