AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7196 OF 2008 Suresh Ramkaran Upadhya & Anr. ... Petitioners Vs. The State of Maharashtra & Ors. ... Respondents Mr. M.S. Parasnis for the petitioners. Mr. V.S. Gokhale, A.G.P. for the State. CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ. DATED : 1ST OCTOBER, 2009. P.C.:- 1. Learned counsel for the parties are agreed that this petition is squarely covered by the judgment of the Division Bench of this court in Voltas Limited & Anr. v. Additional Collector and Competent Authority, Thane Urban Agglomeration & Ors. 2008 (5) Bom.C.R. 746. 2. In paragraph 2 of the affidavit in reply filed by Mr. AJN 2 Bharat Angad Waghmare, Deputy Collector and Competent Authority, Solapur Urban Agglomeration, Solapur, it is stated that notification under Sections 10(1) and 10(3) of the Urban Land (Ceiling and Regulations) Act, 1976 was issued to the petitioner on 17/3/2001 and the same was published in the Maharashtra Government Gazette on 28/03/2001. It is further stated that the physical possession of the subject land in the instant case has not been taken from the petitioners. In view of this assertion made in the affidavit and in view of the admitted position that the petition is covered by the judgment of this court in Voltas Limited's case (supra), the petition is allowed in terms of the said judgment. Needless to say that the petition is made absolute in terms of prayer clauses (a), (b) and (c) qua the petitioners’ lands. 3. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [A.A. SAYED, J.]