IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.2266 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr.G.S.Godbole & Ms.Pallavi Dabholkar for Petitioners Mr.S.N.Patil AGP for Respondents CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR, JJ. DATE : 28th July, 2010. P.C.: 1. Heard learned counsel for the petitioners and for respondents. 2. Learned counsel for the petitioners has submitted that the competent authority issued a revised Notification under section 10 (3) of the Urban Land (Ceiling and Regulation) Act,1976 on 18.11.2005 which was published in the Official Gazette on 5.1.2006. The respondent no.2 issued notice dated 27.1.2006 under section 10 (5) of the said Act. However, the actual physical possession of the land in question admeasuring 23445.32 sq.meters was not taken by the competent authority till this date and the same continued to be with the petitioner. Counsel for the petitioners therefore, states that the proceedings initiated as well as the Notification issued under the Urban Land Ceiling Act in view of the Full Bench decision in VOLTAS s case stands abated. So far as the issue involved it pertains to land admeasuring 5750 sq.meters from survey No.29/1 i.e. in village Adivali-Dhokali. 3. The learned A.G.P. does not dispute the factual and legal aspect of the matter including the fact that possesssion of the land admeasuring 5750 sq.metres out of survey No.29/1 as on today continues to be with the petitioners. 4. On the backdrop of the undisputed fact, it is evident that the issue is covered by the decision in VOLTAS LTD & ANR VS.THE ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY & ORS REPORTED in 2008 (5) BOM. C.R.PAGE 746 since the possession of the land in question is with the petitioners till this date. 5. In the circumstances and for reasons stated above the Notification under section 10 (1) dated 20.1.1984 and thereafter under section 10 (3) dated 18.11.2005 published in the Official Gazette on 5.1.2006 as the well as notice under section 10 (5) dated 21.7.2006 stands abated and proceedings stands terminated. It is needless to mention that mutation entry No.688 made in the revenue record of village Adivali-Dhokali Taluka Ambernath District Thane pertaining to Survey No.29/1 stands cancelled. D.D. SINHA, J. MRS.MRIDULA BHATKAR, J.