AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1168 OF 2009 Shriniwas Madhav Deshpande ... Petitioner Vs. The State of Maharashtra & Anr. ... Respondents Mr. Tushar Dahibawkar for the petitioner. Ms. Geeta Shastri, A.G.P. for respondents 1 and 2. CORAM : SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR, JJ. DATED : 12TH NOVEMBER, 2009. P.C.:- 1. The basic submission of the petitioner is that in view of the Urban Land (Ceiling and Regulations) Repeal Act, 1999 (for short, “the ULC Repeal Act”), the impugned order dated 20/10/2006 passed by respondent 2 along with notices dated 12/6/1979 and 19/3/2005 issued under Sections 10(1), 10(3) and 10(5) of the Urban Land (Ceiling and Regulations) Act, 1976 (for short, “the ULC Act”) in AJN 2 respect of the property involved in this petition have become inoperative and non-est and the petitioner is entitled to a declaration that the said property is released from the acquisition under the ULC Act and all proceedings in respect of the said property under the ULC Act, 1976 stand abated. 2. We have heard learned counsel for the petitioner and learned A.G.P. for the respondents. 3. Affidavit of Mr. Purushottam Baburao Bhoir, Deputy Collector and Competent Authority, ULC, Greater Mumbai, has been filed. In paragraph 6 of the affidavit, it is stated that the possession of the land involved in this petition has not been taken from the petitioner. Learned counsel for the parties are agreed that the present matter is clearly covered by the judgment of the Division Bench of this court in Voltas Limited & Anr. v. Additional Collector & Competent Authority, Thane, 2008 (5) Bom.C.R. 746. AJN 3 4. In view of the fact that the possession of the concerned land is with the petitioner and the admitted position that the present case is covered by the judgment of this court in Voltas Limited (supra), the petition will have to be allowed in terms of prayer clause (a) of the petition qua the petitioner's land. Order accordingly. Further proceedings pursuant to the impugned orders and notices stand abated. 5. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [SMT. MRIDULA BHATKAR, J.]