1 Writ Petition No.6945-09 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6945 OF 2009 Chandrakant Vallabhdas Thakkar & Anr. ..Petitioners Vs. The Tahasildar Katemanivali & Anr. ..Respondents Shri A.A. Garge for the Petitioners Shri V.S.Gokhale AGP for the Respondents Coram: P.B.MAJMUDAR AND R.M. SAVANT, JJ. 20th July, 2010 P.C. 1. Rule, made returnable forthwith and heard by the consent of the parties. 2. The Petitioners herein claim to be the owners of certain lands bearing Survey Nos. 99/2, 99/1, 98/8, 98/1, 95(P), 96/4 and 174 at Katemanivali, Kalyan totally admeasuring 31,695.90 sq.mtrs.. On the Urban Land (Ceiling and Regulation) Act, coming into force (hereinafter referred to as the said Act), the Petitioners had filed a return under Section 6 of the said Act. Taking into consideration the said return, the Competent Authority passed an order under Section 8(4) of the said Act, on 10-6-1998 and declared an area 9042.50 as 2 Writ Petition No.6945-09 excess land. Thereafter, Notification under Section 10(1) came to be issued on 31-12-2002 followed by the Notification under Section 10(3) issued on 19-3-2005 of the said Act. On the basis of the said Notification under Section 10(3) the mutation entry came to be made in the revenue record in the name of the State of Maharashtra. Thereafter, it appears that a Notice under Section 10(5) came to be issued to the Petitioners on 19-4-2007. The Petitioners were not aware of the said notice, but became aware of it only on 17-10-2007. During the pendency of the aforesaid proceedings, the said Act came to be Repealed in so far as the State of Maharashtra is concerned, by the Urban Land Ceiling Repeal Act 1999. The Petitioners in view of the Repeal have, therefore, made a representation dated 4-5-2009 to the Additional Collector and Competent Authority Ulhasnagar Urban Agglomeration, District Thane. We are informed that the said representation is as yet pending. 3. We have heard the Learned Counsel for the Petitioner Mr. Garge and the Learned AGP Mr. Gokhale. Since the representation made by the Petitioners dated 4-5-2009, is as yet pending, we deem it appropriate not to go into the rival contentions which have been urged before us but direct the Additional Collector and Competent Authority to dispose of the said representation within a period of 8 weeks from date. Since it is the case of the Petitioners that all the proceedings initiated against the Petitioners under the said Act have abated, in the light of the Repeal of the said Act is concerned, the 3 Writ Petition No.6945-09 Additional Collector and Competent Authority is directed to hear the Petitioners and thereafter pass an appropriate order on the representation dated 4-5-2009, in accordance with law. The representative of the Petitioners to appear before the Additional Collector and Competent Authority, Ulhasnagar Urban Agglomeration on 2nd August 2010 at 11.00 a.m. 4. Rule is accordingly made absolute with parties to bear their respective costs. (R.M.SAVANT, J.) (P.B.MAJMUDAR, J.)