AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.268 OF 2009 Ananta Waman Tanaki ... Petitioner Vs. The Additional Collector & Competent Authority, Thane Urban Agglomeration, Thane & Ors. ... Respondents Mr. R.S. Datar for the petitioner. Ms. M.P. Thakur, A.G.P. for the State. CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ. DATED : 8TH SEPTEMBER, 2009. P.C.:- 1. In this petition filed under Articles 226 and 227 of the Constitution, the petitioner has inter alia prayed as under: “a. that this Hon’ble Court be pleased to issue a Writ of Mandamus or a Writ of AJN 2 Certiorari or a Writ in the nature of Mandamus or Certiorari or any other appropriate Writ, Order or direction under Articles 226 and 227 of the Constitution of India, thereby :- i. declaring that in view of the Notification dated 1st December, 2007 issued by Respondent No.2 repealing the Urban Land (Ceiling & Regulation) Act, 1976 and adopting the Urban Land (Ceiling & Regulation) Repeal Act, 1999, the proceedings in respect of the Petitioner’s land as set out in the impugned orders dated 14th January, 2004, 28th January, 2004, 26th October, 2004 and 5th March, 2005 issued under the provisions of Section 8(4), 10(1), 10(3) and 10(5) of the ULC Act respectively have lapsed and are non-est and unenforceable; and the lands subject matter of the aforesaid proceedings and orders do no longer vest in the Respondents. ii. directing the Respondents to forthwith restore the Petitioner’s name in the record of rights of the said land declared as Surplus Vacant Land, namely, land bearing Survey No.298(P) admeasuring 4000 Sq. Meters and land bearing Survey No.242/1/1 admeasuring 2656 Sq. Meters situated at Village Kavesar, Taluka and District – Thane, more particularly set out in the order dated 5th March, 2005 issued by Respondent No.1 u/s. AJN 3 10(5) of the ULC Act.” 2. 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, Thane Urban Agglomeration & Ors. 2008 (5) Bom.C.R. 746. 3. In the affidavit in reply filed by Bhausaheb Jyoti Patil, the Additional Collector and Competent Authority, Thane Urban Agglomeration, Thane, it is stated that the actual and factual possession of the surplus land is not taken by the respondents. In view of this assertion made in the affidavit, the petition is allowed in terms of the judgment of this court in Voltas Limited’s case referred to hereinabove. Needless to say that the petition is made absolute in terms of prayer clause (a) qua the petitioner’s lands. AJN 4 4. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [A.A. SAYED, J.]