-: 1 :- wp- 7518/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7518 OF 2010 Namdev P. Phulore. ..Petitioner. Versus The State of Maharashtra & Others. ..Respondents. Mr. G. M. Savgave for the petitioner.f Mr. C. R. Sonawane, AGP. Coram : SMT. RANJANA DESAI & RANJIT V. MORE, JJ. Date : February 22, 2011. P. C. : 1. In view of the repeal of the Urban Land (Ceiling and Regulation) Act, 1976, the petitioner has filed this petition, inter- alia, praying that : that this Hon ble Court be pleased to issue any other appropriate writ, order or direction under Article 226 and/or 227 of the Constitution of India declaring that the notification published u/s 10(3) dated 4-7-1985 and notice u/s 10(5) dated 10-5-2005 of the Principal Act are abated in respect of the surplus land admesuring 3,988.563 sq. mtrs. out of S. No. 39/6 of village Dwarli, Taluka Ambernath (Old Ulhasnagar), Dist Thane in view of the provisions of Urban Land (Ceiling and Regulation) Repeal Act, 1999. srp -: 2 :- wp- 7518/10 2. On behalf of the State, affidavit is filed by one Balaram Bhondu Jadav, Deputy Collector and Competent Authority, Ulhasnagar Urban Agglomeration, Thane. Paragraph no.3 thereof reads as under :- I say that though this respondent has followed the statutory provisions u/s 10(1), 10(3) and 10(5) of the Principal Act, but the actual and physical possession of the subject land was not taken by this respondent. The principal secretary, Urban Development Department has issued the circular on 12.05.2010 and directing the Competent Authorities to delete the name of Government of Maharashtra on 7/12 extract and those lands are not taken in actual physical possession before 29.11.2007 issuing the deletion of notification u/s 10(3) of the Urban Land Ceiling Act. I say that, as per the order of Urban Development Department, I issued the deletion notification u/s 10(3) of the Principal Act on the subject land on 28.09.2010. 3. In view of the fact that the possession of the concerned land is still with the petitioner, learned counsel for the respective parties agree that this case is squarely covered by the judgment of this Court in Voltas Limited & Anr. v. Addl. Collector & Competent Authority, Thane Urban Agglomeration & Ors. -: 3 :- wp- 7518/10 2008 (5) B.C.R. 746. In view of this, petition is made absolute in terms of prayer clause (b). The Writ Petition is disposed of. (Ranjit V. More, J.) (Smt. Ranjana Desai,J.)