1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3530 OF 2008 (Murlidhar Shankarrao Choudhary & Ors. vs. State of Maharashtra & Anr. ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 17, 2008. Shri Ghare, learned counsel for the petitioners Shri Kankale, learned AGP for the respondents. The learned AGP points out that the land was already declared surplus and notification under Section 10(3) of Urban Land (Ceiling and Regulation) Act, 1976, Act was published on 5.4.1981 and land has already vested with the State Government and thereafter it was allotted to Respondent No.2 – society. Shri Ghare, learned counsel contends that the land though technically allotted to Respondent No.2 but because of dispute within the Society, the land has not been utilised at all and being original owner, in view of repeal of Act, the petitioners have got right to demand it back. In the present matter, I find that the petitioners have not moved any application for the 2 said purpose. If any such right is available to them, they are at liberty to exercise it before appropriate forum. The present controversy is between Respondent No. 2 and Respondent No.1 and after the publication of notification under Section 10(3) of the Act, the petitioners have got no role to play insofar this controversy is concerned. This writ petition is, therefore, rejected as the petitioners lack the locus. No costs. JUDGE *GS.