1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7214/2008 Dagdu Yashwant Dhangar Petitioner VS. State of Maharashtra & Anr. Respondents Mr.Amit Borkar for the petitioner Ms.Jyoti S.Pawar ,AGP for State CORAM: J.N.PATEL & MRS.MRIDULA BHATKAR,JJ. DATE : 16th June, 2009 P.C. (Mrs.Mridula Bhatkar,J.) . Rule. 2] Rule returnable forthwith and heard finally by consent . 3] The petitioners have filed this petition seeking relief to issue of writ of mandamus or any other writ directing respondent no.2 to withdraw or cancel the notifications dated 2/8/2007 issued under section 10(3) of Urban Land (Ceiling & Regulation)Act,1976 in relation to the lands bearing survey no. 89/2 admeasuring 1254.10 sq.mtrs. ,situates at Ujalaiwadi, Tal.Karveer, Dist.Kolhapur. Under Urban Land (Ceiling & Regulation)Act,1976 the competent authority held that the petitioner was holding excess vacant land. It is contended by 2 the petitioner that the possession of the land is not taken by the respondents. Hence the petition. 4] The respondents have filed affidavit in reply in which it is agreed by the respondents that though the notification under the Urban Land (Ceiling & Regulation) Act , 1976 was issued the possession of the land was not taken by the respondents and it is with the petitioner. 5] The Urban Land (Ceiling & Regulation)Act,1976 repealed on 29/11/2007 and so the proceedings under the said Act are abated since the said date. In the present matter the Government has not taken possession pursuant to the notification under section 10(3) of the said Act. Thus,the case of the petitioner is covered under the decision of the Supreme Court Mukarram Ali Khan Vs. State of U.P.& Ors.,AIR, 2007,Hon’ble Supreme Court,6282; in which it is held as follows 5]Section-4 of the Repeal Act reads as follows : 4.Abatement of legal proceedings- All legal proceedings relating to any order made or purported to be made under the Principal Act pending immediately before the commencement of this Act ,before any Court, tribunal or other authority shall abate; Provided that this section shall not apply to the proceedings relating to Sections 11,12,13 and 14 of 3 the principal Act insofar as such proceedings are relatable to the land,possession of which has been taken over by the State Government or any person duly authorised by the State Government in this behalf or by the competent authority. 6] In view of the affidavit filed by the appellant to which no objection has been filed,undisputed position is that the State has not taken the possession over the surplus land. Therefore,the proceedings have to be treated to have abated under Section 4 of the Repeal Act. 6] Further reliance is placed on Voltas and Others Vs.Additional Collector & Competent Authority ,2008(5) Bom.C.R.746 and the SLP preferred against this decision was dismissed by the Hon’ble Supreme Court. 7] The petition will therefore have to be allowed in terms of prayer clause (b) & (c) which read as follows. (b) “By appropriate writ,order or direction,this Hon’ble Court be pleased to declare the Petitioner to be the owner of land bearing Survey No.89/2 at Ujalaiwadi, Tal.Karveer, Dist.Kolhapur ,admeasuring 1254.10 sq.mtrs..’’ (c) By writ in the nature of certiorary or by any other writ, order or direction,this Hon’ble Court be pleased to quash and set aside the impugned notification dated 2.8.2007 annexed to this petition at EXHIBIT-C and further be pleased to declare land bearing Survey No.89/2 at Ujalaiwadi,Tal. Karveer,Dist.Kolhapur,admeasuring1254.10 sq.mtrs.released from the provisions of the Urban Land (Ceiling and Regulation) Act,1976. 4 Rule made absolute with no order as to costs. (J.N.Patel) (Mrs.Mridula Bhatkar,J.) SRS