WP/6334.07 1 SSK/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6334 OF 2007 Kundanlal Chunilal Khinvasara ....Petitioner Versus The State of Maharashtra ....Respondent Mr. Mohan Pungliya, Advocate for the petitioner. Mr. V. S. Gokhale, AGP. CORAM : SMT. RANJANA DESAI & RANJIT MORE, JJ. DATED : 8th OCTOBER, 2010. P.C.: Rule has been issued in this matter on 12th December, 2007. We have taken up this petition for final hearing at the request and by consent of learned counsel for the parties. 2. We have heard learned counsel for the petitioner and learned counsel for the respondent. Learned counsel for the parties are agreed that this petition is squarely covered by the judgment of the Division Bench of this Court in Voltas Limited and Anr. Vs. Additional Collector and Competent Authority, Thane Urban Agglomeration & Ors. 2008 (5) Bom.C.R.746. Our attention is drawn to the affidavit filed by WP/6334.07 2 SSK/ Mr. Bhanudas Pandurang Gaikwad, Deputy Collector and Competent Authority, Pune Urban Agglomeration, Pune. In paragraph 5 of the said affidavit, Mr. Gaikwad has stated that notification under section 10(3) of Urban Land (Ceiling and Regulation) Act, 1976 and notice of possession of excess vacant land under section 10(5) of the said Act was not issued by the Competent Authority before adoption of Urban Land (Ceiling and Regulation) Repeal Act, 1999. He has further stated that the possession of the vacant land is with the petitioner. In view of this assertion made in the affidavit, the petition will have to be made absolute in terms of prayer clauses (a) and (b) and is made absolute accordingly. The petition is disposed of. 3. Needless to say the the Civil Application No.1714 of 2010 does not survive for consideration and is disposed of, as such. (RANJIT MORE, J.) (SMT. RANJANA DESAI, J.)