-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.9062 OF 2007 NO.9062 OF 2007 NO.9062 OF 2007 Shri Narayan B. Kothule and ors. ...Petitioners v/s The State of Maharashtra and anr. ...Respondents Ms Leena Patil i/b Mr M.S. Karnik for Petitioners. Mr A.H. Palekar, AGP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 28TH JULY 2008. -2- P.C. :- 1. Heard learned counsel for both the sides. The land from the holding of the petitioners was declared as surplus land under the Urban Land (Ceiling and Regulation) Act 1976. Thereafter, Notification dated 15th February 2007 was issued under subsection (3) of section 10 of the Urban Land (Ceiling and Regulation) Act 1976 and Notice under subsection (5) of section 10 of the said Act was issued on 23rd May 2007 directing the petitioners to deliver possession of the land. According to the averments in the petition, possession of the land declared as surplus, however, was not taken by the Government till 29th November 2007 when the Act was repealed by the Urban Land (Ceiling and Regulation) Repeal Act 1999. This position is not disputed by the Government by filing an affidavit. Thus, from the record it appears to be an admitted position that possession of the land declared as surplus was with the petitioners on 29th November 2007. In this view of the matter therefore, this petition will be covered by the judgment of Division Bench of this Court in writ petition No.8356 of 2006 (Voltas Ltd. and anr. v/s Additional Collector and Competent Authority, Urban Agglomeration, Thane and ors.) decided on 25th July 2008 -3- to which one of us (D.K. Deshmukh J.) is a party. In view of that judgment, rule in this petition is made absolute in terms of prayer clause 15(a)(i). No order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)