1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10880 OF 2009 1.Vasant Bajirao Kawade & ors. ...Petitioners vs. 1.The State of Maharashtra & ors. ...Respondents --- Mr.G.S.Godbole i/b. Pallavi N.Dabholkar, for Petitioners. Mr.S.R.Nargolkar, AGP for Respondents. CORAM: D.K.DESHMUKH & A.R.JOSHI, JJ. DATED: 27th January,2010. P.C.:- 1. Rule returnable forthwith. Heard finally by consent of parties. After the Urban Land (Ceiling & Regulation) Act came into force, the petitioners have filed their returns. By order dated 15.12.1988, land admeasuring 2700 sq.meters was declared as surplus. Thereafter, a notification under Section 10(3) of the Act was issued on 20.11.2006. However, a notice under 2 sub-section (5) of Section 10 of the Act has not been issued. With the result, the petitioners continued to be in possession of the vacant land on 29.11.2007. The Urban Land (Ceiling & Regulation) Act was repealed by the Urban Land (Ceiling & Regulation) Repeal Act. According to the petitioners, therefore, in view of the provisions of the Urban Land (Ceiling & Regulation) Repeal Act and in view of the judgment of the Division Bench of this Court in the case Voltas Ltd. Vs. Additional Collector & Competent Authority & ors, 2008(5) Bom.C.R. 746 , further proceedings under the Urban Land (Ceiling & Regulation) Act in relation to the excess land abate. The Respondents have filed their reply. In that reply they have admitted that the possession of the excess land was not taken from the petitioners. In view of the provisions of the Urban Land (Ceiling & Regulation) Repeal Act and the Judgment of the Division bench of this Court in the case Voltas Ltd. Vs. Additional Collector & Competent Authority & ors, 2008(5) Bom.C.R. 746 and in view of the admitted fact that the possession of excess land is with the petitioners, this petition has to be 3 allowed. The petition is, accordingly, allowed. Rule is made absolute in terms of prayer clause (c). No order as to costs. (D.K.DESHMUKH, J.) (A.R.JOSHI, J.)