1 jpc/- IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6093 OF 2008 F. E. Dinshaw charities .. Petitioner Versus The State of Maharashtra, and others .. Respondents Shri R. Dada, Senior Counsel, i/b M/s Doijode for the petitioner Shri V. S. Gokhale, AGP for the Respondents 1 to 3 – CORAM: J. N. PATEL, & MRS. MRIDULA BHATKAR, JJ. DATED: 16th June, 2009 ORAL ORDER ( Per Mrs. Mridula Bhatkar, J.) 1. Heard. 2. Rule, returnable forthwith. 3. By consent of the parties, taken up for final hearing. 4. This petition is filed to quash and set aside the orders dated 31st October, 2006 and dated 11th December, 2006 passed by the Respondent No.3 under Section 10(1), 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 (ULCR Act) and the notices issued under Sections 10(5) and 11(7) of the said Act, dated 19th June, 2008, pending Appeal. 5. Being aggrieved with the decision of the Competent Authority, the petitioner has preferred an Appeal before the Divisional Commissioner under Section 33 of the ULCR Act. In that matter, status quo order was passed by the appellate authority and the status quo granted was extended from 19th September, 2007 till 10th December, 2007. However, the possession of the subject land was taken by the respondents 2 on 18th September, 2007 i.e. when the order of stattus quo was in operation. The learned AGP also conceded that the possession of the subject land was taken on 18th September, 2007 without giving notice to the petitioner. He further submits that the possession was taken inadvertently as the officer who took possession was not aware of the order of the appellate authority. 6. Now, in view of Section 4 of the Urban Land (Ceiling & Regulation) Repeal Act, 1999 on 29th November, 2007, all the proceedings under the ULCR Act stand abated. Therefore, the petition is allowed in terms of prayer clauses (a) , (b) and (c) which read as under: (a) That this Hon ble Court be pleased to issue a writ “ ’ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction under Articles 226 and 227 of the Constitution of India calling for the records and proceedings of Respondent No.3 as also appears and proceedings in Appeal No. 33 of 2007 pending for hearing before repsondent NO.2, pertaining to the petitioners case and after going into the question of ’ legality and validity thereof, quash and set aside the Orders dated 31st October, 2006 and 11th December, 2006 passed by the Resondnt No.3 and the Notifications issued under Section 10(1) and 10(3) of the ULCR Act and Notices issued by Respondent No.3 under Section 10(5) and under Section 10(5) and under Section 1(7) dated 19th June, 2008 of the ULCR Act in respect of Petitioner s land ’ pursuant to the orders dated 31st October, 2006 and 11th December, 2006. (b) That this Hon ble Court be pleased to issue a writ ’ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction under Articles 226 and 227 of the Constitution of India, to the respondents applying the provisions of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 qua the lands belonging to the petitioner more particularly described in the scheduled of the Trust deed dated 28th December, 1973 and quash and set aside all the proceedings initiated and the orders passed therein by respondent No. 3. 3 (c) This Hon ble Court be pleased to issue a writ of ’ mandamus or writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondents through themselves or through their subordinate officers to place the petitioner s name in the ’ property register card maintained under the appropriate law in respect of the petitioner s land more particularly ’ described in the Scheduled of the Trust deed dated 28th December, 1973 and to remove the name of Respondent No.1 from the property cards.” Rule is made absolute accordingly. ( MRIDULA BHATKAR, J.) (J. N. PATEL, J.)