1 mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 3424 OF 2009 SHRIRAM KESHAV BHAGAT & ORS. .. .. PETITIONERS Vs. THE STATE OF MAHARASHTRA & ORS. .. .RESPONDENTS Mr. S. S. Kanetkar i/b G. S. Godbole for the petitioners Mr. V.S. Gokhale, AGP CORAM: SMT. RANJANA DESAI & A. A. SAYED, JJ. DATED: 18/8/2009 P.C. The petitioner has inter alia prayed that respondent 2 i.e. Additional Collector and Competent Authority, Ulhasnagar Urban Agglomeration, District Thane, be directed to withdraw and/or cancel the Notification dated 3/4/2000 issued Under Section 10(1) of the U.L.(C & R) Act, 1976 being Exhibit “B” the Notification published in M.C.G.,Konkan Division Supplement page 42 dated 5/1/2006, issued u/s 10 (3) of the U.L. (C & R) Act, 1976 being Exhibit ‘D” to this Writ Petition and the notice dated 20/2/2006 issued u/s 10(5) of the U.L. 2 (C & R) Act, 1976 being Exhibit “E” to this Writ Petition in so far as it relates to an area admeasuring 1346.70 sq. mtr. from land bearing Survey No. 24/3 Part of Village Aayare Taluka Kalyan, District: Thane. 2. Learned counsel for the parties are agreed that the present petition is covered by judgment of this court in Voltas Ltd. & Anr., v. Additional Collector & Competent Authority & Ors., 2008(5) Bom. C.R. 746. An affidavit is filed by Dattatraya Sambhaji Doifode, Deputy Collector and Competent Authority, Ulhasnagar Urban Agglomeration,Thane. In the affidavit it is stated that actual possession of the surplus land is not taken by the respondents. 3. In view of the admitted position that this petition is covered by judgment of this court in Voltas’ case, and that the possession is not taken by the respondents, the petition is made absolute in terms of prayer clauses (a), (c) and (d) qua the petitioners’ lands. 4. Petition is disposed of. (Smt. Ranjana Desai, J.) (A. A. Sayed, J.) 3