1 wp-2000-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO.2000 OF 2009 Smt.Shankutala B. Mande ..Petitioner Vs. The State of Maharashtra and Ors. ..Respondents .... Mr.Ramdas P.Sabban Adv. with D.G.Dhanare Adv. for Petitioner Mr.V.S.Gokhale AGP for Respondent Nos.1 and 2. .... CORAM : BILAL NAZKI AND SMT.V.K.TAHILRAMANI,JJ. DATE : JULY 17, 2009 P.C.: 1. Petitioner seeks a direction that all proceedings held under the Urban Land (Ceiling & Regulation) Act, 1976 now repealed Act, relating to the land of the petitioner description of which is given in the Writ Petition, be treated as having come to an end as the Act has now been repealed. 2. Counter affidavit has been filed. Counsel for the parties have agreed that the matter can be decided at this stage. In the counter affidavit, it is stated that “I say that though the petitioner is in possession of the 2 wp-2000-09 suit land and he has not delivered its possession to the Government, this Respondent has completed the statutory provisions under Section 10(1), 10(3) and 10(5) of the U.L.C.Act and thus the land of the petitioner is vested with the Government. ” 3. The question on the point of possession of the land, has been considered by this Court in Voltas Ltd. & Anr. Vs. Additional Collector and Competent Authority Thane Urban Agglomeration & Ors. (Writ Petition No.8358 of 2006) decided on 25th July, 2008 and the Court has held that if the possession has not been taken, Repeal Act could apply. Following the said judgment, Writ Petition is allowed and the Respondents are directed to make appropriate entries in the land record accordingly. [ BILAL NAZKI,J. ] [ SMT.V.K.TAHILRAMANI,J.]