1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7996/2008 Ratnesh Haridas Udeshi Petitioner (deceased by heirs) Vs. The Addl.Collector & Competent Authority Nashik & Ors. Respondents Mr.Sandeep K.Shinde for the petitioner Smt.M.P.Thakur,AGP for State Coram :J.N.Patel & Mrs.Mridula Bhatkar,JJ. Date :19th June,2009 P.C.(Mrs.Mridula Bhatkar,J.) . Rule. 2] Rule returnable forthwith and heard finally by consent . 3] The petitioners have filed this petition praying to allow him to retain his land declared as surplus by an order dated 18/10/2003 in view of the repealed Urban Land (Ceiling & Regulation) Act,1976. It is contended that vide order dated 18/10/2003 the land admeasuring 22,039.85 was declared surplus land out of total land bearing Survey no.281/A and 259/1 to 14 by drawing out final statement 2 under section 9(3) of the Urban Land (Ceiling & Regulation)Act,1976 . 4] The respondents have filed affidavit in reply in which it is agreed that the possession of the land was not taken by the respondents and it is with the petitioner. 5] The Urban Land (Ceiling & Regulation)Act,1976 was repealed on 29/11/2007 and so the proceedings under the said Act are abated since the said date. In the present matter the Government has not taken any steps under section 10(3) of the said Act. Thus,the case of the petitioner is covered under the decision of the Supreme Court Mukarram Ali Khan Vs. State of U.P.& Ors.,AIR, 2007,Hon’ble Supreme Court,6282; in which it is held as follows 5]Section-4 of the Repeal Act reads as follows : 4.Abatement of legal proceedings- All legal proceedings relating to any order made or purported to be made under the Principal Act pending immediately before the commencement of this Act ,before any Court, tribunal or other authority shall abate; Provided that this section shall not apply to the proceedings relating to Sections 11,12,13 and 14 of the principal Act insofar as such proceedings are relatable to the land,possession of which has been taken over by the State Government or any person duly authorised by the State Government in this 3 behalf or by the competent authority. 6] In view of the affidavit filed by the appellant to which no objection has been filed,undisputed position is that the State has not taken the possession over the surplus land.Therefore,the proceedings have to be treated to have abated under Section 4 of the Repeal Act. 6] Further reliance is placed on Voltas and Others Vs.Additional Collector & Competent Authority ,2008(5) Bom.C.R.746 and the SLP preferred against this decision was dismissed by the Hon’ble Supreme Court. 7] The petition will therefore have to be allowed in terms of prayer clause(a),which reads as follows. “ That by an appropriate writ , order or direction,this Hon’ble Court may be pleased to hold and declare by reason of Repeal Act,1999 which was adopted by the Respondent State Government on 29/11/2007,the Petitioner’s land declared as surplus vacant land admeasuring about 22,039.85 Sq.mtrs.out of land bearing Survey No.281/A and Survey no.259(1) of Nashik,be abated. “ Rule made absolute with no order as to costs. (J.N.Patel,J.) (Mrs.Mridula Bhatkar,J.) SRS 4