1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2120 OF 2009 IN WRIT PETITION NO.3384 OF 2007 Kisan Gir Shankar Gir Gosavi ..Applicant V/s Commissioner, Nashik Municipal Corporation & Ors. ..Respondents Mr.Uday P.Warunjikar for the Applicant. Mr.V.A.Gangal for Resp.Nos.1 & 2. Ms.S.S.Bhide, AGP for State. CORAM: F.I.REBELLO & K.K.TATED, JJ. DATE: 20th November, 2009. P.C.: 1. Considering the order dated 16.6.2008 passed by this Court, the petitioner has applied for leave to carry out construction. 2. The issue which is the subject matter of the case, is now in issue before the Supreme Court and the matter is placed before the Constitutional Bench. In the light of 2 that, it will not be possible to grant the relief as of now. However, liberty is granted to the applicant to apply afresh by fresh application, after the Constitutional Bench decides the matter. Application stands disposed of. (F.I.REBELLO, J.) (K.K.TATED, J.)