9. wp 4696-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4696 OF 2011 Shashikant Walchand Shah & Ors .. Petitioners Vs The State of Maharashtra & Ors .. Respondents Mr. Ramdas Sabban for the Petitioners Mr. V.D. Gokhale, AGP for Respondents - State CORAM : S.A. BOBDE & SMT. V.K. TAHILRAMANI, JJ DATE : 18th NOVEMBER, 2011. P.C.: 1. Rule, made returnable forthwith. Heard finally by consent of the parties. 2. The petitioner has approached this Court with a prayer for quashing and setting aside all the proceedings and orders under the Urban Land (Ceiling & Regulation) Act, 1976 in respect of land of the petitioner in ULC case No. ULC/SR/IV/493, 1385 and 1843 ad measuring 1319.99 sq mtrs situated at TP- IV-F.P. No. 55 of Solapur. 3. The fact that the petitioner is a landholder is not disputed. It is also not disputed on behalf of the respondents that the Urban 1 9. wp 4696-11.doc Land (Ceiling & Regulation) Act, 1976 was repealed on 29.11.2007. As a result of decision of this Court in Voltas Ltd & Anr Vs Additional Collector and Competent Authority, Thane & Ors, 2008(5) ALL MR 537, it is held that if the possession has not been taken from the land holder, the Authorities are not entitled to proceed under the Repealed Urban Land Ceiling Act. In the present case, it is not disputed vide affidavit of Mr. Pramod Rahul Gaikwad, Deputy Collector and Competent Authority, Solapur that the possession of land was not taken by the Government under this Act. In the circumstances, the petition is liable to be allowed in terms of prayer clauses (a) , (b) and (c) which reads thus: (a)This Hon'ble Court may be pleased to issue the Writ of Mandamus, Certiorari or any other appropriate Writ, order or direction holding and declaring that all the proceedings and orders issued under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 with respect to the land of the petitioner in the ULC Case No. ULC/SR/IV/493, 1385 & 1843 ad measuring 1319.99 sq. mtrs. situated at TP-IV-F.P. No. 55 of Solapur, have lapsed and no longer further vested in the State Government. (b)This Hon'ble Court may be pleased to issue the Writ of Mandamus, Certiorari or any other appropriate Writ, order or direction quashing and setting aside all the 2 9. wp 4696-11.doc impugned proceedings and orders passed by the respondent Competent Authority under the provisions of Urban Land (Ceiling & Regulation) Act, 1976, so far as the said land of the petitioner covered under the ULC case No. ULC/SR/IV/493, 1385 & 1843 ad measuring 1319.99 sq.mtrs. situated at TP-IV-F.P. No. 55 of Solapur; (c) This Hon'ble Court may be pleased to issue the Writ of Mandamus or any other appropriate Writ, order or direction directing the respondents/concerned authorities to give effect and operation to the above prayer clauses - (a) and / or (b) by making appropriate entries in the relevant land revenue records forthwith, and also by allowing the petitioners to develop the said land in accordance with law. 4. Rule is made absolute in above terms with no order as to costs. [ SMT. V.K. TAHILRAMANI, J ] [ S.A. BOBDE, J ] 3 9. wp 4696-11.doc 4