AJN 14-AS-WP5660.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5660 OF 2010 Smt. Jayashreebai Gurunath Mirkute & 8 Ors. ... Petitioners Vs. The State of Maharashtra & 3 Ors. ... Respondents Mr. G.S. Godbole i/b Mr. S.R. Ronghe for the petitioners. Mr. V.S. Gokhale, A.G.P. For the State. CORAM: MRS. RANJANA DESAI & RANJIT MORE, JJ. DATED : 14TH OCTOBER, 2010. P.C.:- 1. Learned counsel for the parties are agreed that this petition is squarely covered by the judgment of the Division Bench of this court in Voltas Limited & Anr. v. Additional Collector and Competent Authority, AJN 14-AS-WP5660.10 2 Thane Urban Agglomeration & Ors. 2008 (5) Bom.C.R. 746. 2. Affidavit in reply is filed by Balaram Dhondu Jadhav, the Deputy Collector and Competent Authority, Ulhasnagar Urban Agglomeration, Thane on behalf of respondent 2. Paragraph 3 of the said affidavit reads thus: “3. I say that though this Respondent has followed the statutory provision u/s. 10(1) and 10(3) of the Principal Act, but the actual and physical possession of the said surplus land was not taken by this Respondent. In view of these facts and reasons, the appropriate order may be passed by the Hon'ble Court.” 3. It is clear from the affidavit that actual and physical possession of the concerned land is not taken by the respondents. This matter is, therefore, covered by the AJN 14-AS-WP5660.10 3 abovereferred judgment. Hence, the petition is made absolute in terms of prayer clauses (c) and (d) of the petition. 4. The petition is disposed of in the aforestated terms. [MRS. RANJANA DESAI, J.] [RANJIT MORE, J.]