- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8996 OF 2007 ... Nivrutti Deoram Mate & Ors. ...Petitioners v/s. Additional Collector & Competent Authority U.L.C. & ors. ...Respondents ... Mr.Shriram S. Kulkarni for the Petitioners. Mr.A.H.Palekar, AGP for State. ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 22ND SEPTEMBER, 2008 P.C.: Rule. Returnable forthwith. Heard finally by consent of parties. 2. After declaring the land holding by the Petitioner surplus under the provisions of Urban Land (Ceiling & Regulation) Act, 1976, a notification under sub-section 3 of Section 10 was issued declaring that the land declared as surplus mentioned in that notification vest in the State Government. However, before the Urban Land Ceiling Act was repealed by Urban Land (Ceiling & Regulation) Repeal - 2 - Act, 1999 on 29-11-2007 an order under sub-section 5 of Section 10 was not issued asking the Petitioner to deliver the possession neither was the possession of the land taken from the Petitioner. The State Government in fact has filed an affidavit positively stating in that affidavit that possession of the surplus land was not taken by the Government before 29-11-2007 or even thereafter. Therefore, in view of the judgment of the Division Bench of this Court ( to which one of us is a party)in Writ Petition No.8356 of 2006, Voltas Ltd. v/s. Addl.Collector & Competent Authority & ors. further proceeding will lapse. Now, the Government will not be entitled to take possession of the surplus land. 3. In the result, therefore, the petition succeeds and is allowed. Rule made absolute in terms of prayer clauses (a-1) & (a-2). No order as to costs. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)