1 WP9998/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9998 OF 2010 Sanjay S. Karande ...Petitioner v/s State of Maharashtra and others ...Respondents Mr S.M. Gorwadkar for Petitioner. Mr C.R. Sonawane, AGP for Respondent Nos.1 and 2. Mr Amit Sale for Respondent No.3. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 28TH SEPTEMBER 2011. 2 WP9998/10 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of parties. 2] Following can be taken as admitted facts on the basis of the petition and the reply filed by the respondents. The petitioner admittedly is owner of the suit land. After commencement of Urban Land (Ceiling and Regulation) Act 1976, the petitioner applied for exemption of the land from the provisions of the said Act. The State Government made an order exempting the land. That order was made under section 20 of the said Act. Admittedly, the petitioner could not implement that scheme, no extention of time was given. Ultimately, the State Government cancelled that order by order dated 16th April 2002. When the said Act was repealed on 29th November 2007 admittedly the land was in possession of the petitioner. It is an admitted 3 WP9998/10 position that neither Notification under section 10(3) nor Notification under section 10(5) of the Act was ever issued by the Competent Authority in relation to the suit land In view of the judgment of the Division Bench of this Court to which one of us (D.K. Deshmukh J.) was a party 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, after repeal of the Act, the proceedings under the said Act cannot continue because on the date of repeal, the land admittedly was in possession of the petitioner. Rule in the petition is therefore made absolute in terms of prayer clause (b). 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 ANOOP V. MOHTA )