1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4232/2008 Ramchandra Padu Patil (D.H.) Shalini Ramesh Veta Petitioner Vs. The Competent Authority & Ors. Respondents WITH WRIT PETITION NO.4324/2008 Soma Jana Patil Petitioner Vs. The Competent Authority Thane & Ors. Respondents Mr.S.G.Karandikar for the petitioner Mr.A.H.Palekar,AGP for Res.1 to 3 CORAM : V.C.Daga,& Mrs.Mridula Bhatkar,JJ. Date : 30h March,2009. ORAL JUDGMENT (Per Mr.V.C.Daga,J.) . Rule returnable forthwith. Heard finally by consent of parties. Heard learned counsel for the petitioner as well as learned A.G.P.appearing for the State. Perused the petition. 2] On the last date of hearing i.e.on 27/2/2009 this Court had 2 called upon the State Government to file an affidavit making positive statement as to whether or not possession of the subject land had been taken. The affidavits are filed on record. We perused the affidavit of Bhausaheb Patil, and Additional Collector and the Competent Authority,Thane Agglomeration who deposed on oath on behalf of Respondent nos.1,2 and 3 and stated that possession of the subject land has not been taken from the petitioner. In the above view of the matter , statement and law laid down by the Division Bench of this Court in the case of Voltas Ltd.Vs.Additional Collector in Writ Petition no.8356/2006 the proceedings in U.L.C. would stand abated . In the above view of the matter rule is made absolute in terms of prayer clause 'b,c,d' with no order as to costs. (Mrs.Mridula Bhatkar,J.) (V.C.Daga,J.)