sk 1 wp4847.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4847 OF 2010 Gulam Dastagir Haji Yusuf Tirandaz & Ors. : Petitioners V/s. State of Maharashtra & Anr. : Respondents .... Mr.S.M.Gorwadkar for the petitioners. Mr.V.S.Gokhale, Asstt. Govt. Pleader for respondent nos.1 & 2. .... CORAM : S.A. BOBDE AND SMT.V.K.TAHILRAMANI,JJ. DATE : DECEMBER 13, 2011. P.C.: By consent, the Writ Petition is being heard finally. 2. The petitioner has prayed for a direction that the respondent be restrained from taking any further steps in respect of the petitioners’ land at survey no.11/2 and 11/10 at village Dapodi, taluka Haveli, dist. Pune, in view of the repeal of the Urban Land (Ceiling & Regulation) Act, 1976. It is not disputed that the Urban Land (Ceiling and Regulation) Act, 1976 was repealed by the Urban Land (Ceiling and Regulation) Repeal Act, 1999, which came into force on 29.11.2007. It is also settled law that sk 2 wp4847.10 proceedings under the Act cannot be continued after the repeal if possession of the land has not been taken from the land-holder vide the decision of a Division Bench of this Court in Voltas Ltd. v. Additional Collector (2008 (5) Bom. C.R. 746). 3. In the present case, the respondent has filed an affidavit of one Bhanudas Pandurang Gaikwad, Deputy Collector and Competent Authority wherein in para 13 he has stated on oath as follows:- “13) I say that, it appears from the record that the Additional Collector and the Competent Authority, ULC, Pune have not issued Notification under Section 10(3) and Notice under Section 10(5) of the ULC Act in respect of land admeasuring 500 sq. mtrs. each situated on Survey No.11/2 and 11/10 at Village-Dapodi, Taluka-Haveli, District- Pune.” 4. In the circumstances, the petitioners are entitled to the relief in terms of prayer clause (b) which reads thus: sk 3 wp4847.10 “Respondents be directed not take any action in view of adoption of central Act 15/1999 by the State Legislature on 29.11.2007 in respect of the un-executed order dated 15.5.1981 ULC Case No. 31 + 433 + 434 + 436 + KA and proceedings u/sec. 10(3) as the same has abated and have become inoperative against Petitioner’s land at S.No.11/2 & 11/10 at Village Dapodi, Tal. Haveli, District:Pune.” 5. Rule is made absolute in the above terms. (S.A. BOBDE, J.) (SMT.V.K.TAHILRAMANI,J.)