ast 1 wp776.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 776 OF 2009 Subhash Chunilal Raka. ....Petitioner Vs. Additional Collector and Competent Authority, Urban Land Ceiling Nashik & ors. ....Respondents Mr.R.D.Soni i/b. Ram & Co. for petitioner. Mr.J.S.Pawar, AGP for Respondent Nos.1 to 3. CORAM:- A.M.KHANWILKAR AND R.M.SAVANT, JJ DATED:- APRIL 27, 2010 P.C. 1. In this petition, declaration is sought that the notification issued under section 10(3) dated 15th March, 2007 and notice dated 30th May, 2007 issued under section 10(5), in respect of the land bearing Survey No. 12/A/7/3/1 situated at Nashik admeasuring in all 2357.89 sq.meters are illegal and bad in law and the same be quashed and set aside on the ground that after the repeal of Urban Land (Ceiling and Regulation) Act, 1976(ULC Act) all actions thereunder have abated. As is well settled, that is the inevitable order to be ast 2 wp776.09.sxw passed, if the Petitioner was able to establish the fact that he is still in possession of the land in question. However, if it is noticed that possession of the surplus vacant land has been taken over by the Authorities before the date of repeal of ULC Act, the relief as claimed cannot be granted. 2. The Respondents have filed affidavit before this Court asserting that possession of the disputed land has already been taken over much before 3rd October, 2007, which is prior to the date of repeal of ULC Act in the State of Maharashtra. Indeed, the Petitioner has disputed the said stand of the Respondents. The fact remains that there is dispute on the factum of taking over of possession of the property in question. In such a situation, following observations of our High Court in the case of Namdev B.Kamble & ors. v/s. Additional Collector and Competent Authority, ULC, Nasik & Ors. dated 28th July, 2008 in WP No.1000 of 2008, we would dispose of this petition with liberty to the Petitioner to file a civil suit seeking appropriate reliefs. 3. However, the parties shall maintain status quo in relation to the disputed land in question for a period of 8 weeks from today to enable the Petitioner to pursue his remedy by way of suit for appropriate reliefs, as may be advised. Needless to observe that all questions that would arise for consideration in the ast 3 wp776.09.sxw said proceedings will have to be decided on its own merits in accordance with law. 4. Petition disposed of on the above terms. (R.M. SAVANT, J) (A.M.KHANWILKAR, J)