VINAYAK KASHINATH SHILKAR Vs. DY COLLECTOR

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein was the writ petitioner before the High Court. In the Writ Petition, he prayed that the proceedings in respect of the land bearing survey No. 195, Hissa No. 2 (New 195/1) of Village Parsik, District Thane under the Urban Land (Ceiling & Regulation) Act, 1976 (for short "the Act") on the basis of the return filed by Nabibai Tukaram Patil may be declared as abated in view of the repeal of the Act. The appellant asserted that the possession of the subject land was with him and at no point of time, his possession was ever disturbed or attempted to be taken by the respondents.

(3.) In response to the Writ Petition, a reply affidavit was filed by the Additional Collector and Competent Authority, Thane Urban Agglomeration, Thane before the High Court. In paragraph 3 of that affidavit, it is stated that notice under Section 10 (5) of the Act was issued to the appellant on February 25, 2005 calling upon the appellant to hand over the possession of the subject land within 30 days from the receipt of the said notice and, thus, the subject land had vested with the State Government. In paragraph 10 of the said affidavit, it is stated that the Competent Authority had already taken action under Sections 10(3) and 10(5) of the Act and, therefore, the subject land is deemed to have vested in the State Government.