1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1580 OF 2010 IN WRIT PETITION NO. 3418 OF 2007 WITH CIVIL APPLICATION NO. 1577 OF 2010 IN WRIT PETITION NO. 3384 OF 2010 Kisangir Gosavi & Others .. Applicants. V/s. Nashik Municipal Corporation & Ors. .. Respondents. Mr. Uday P. Warunjikar for the Applicants. Mr. V. Gangal for Respondents. CORAM : B.H. MARLAPALLE AND A.A. SAYED, JJ. DATED : 26TH AUGUST, 2010. P.C. 1 Heard Mr. Warunjikar, the learned counsel for the applicants, Mr. Gangal, the learned Counsel for Respondent-Corporation. By this application the applicants have challenged the notice dated 8th June, 2010 issued by the Taluka Inspector of Land Record, Nashik, who is the officer under respondent No.3. 2. Rule. Respondents waive service. 3. The petitioner had filed Civil Application No. 2119 of 2009 praying for modification of the interim order passed on 16th June 2008 in Writ 2 Petition No. 3418 of 2007, so that he could start the construction on the basis of the building plan sanctioned by the Corporation. The said application was disposed off on 20th November, 2009 by noting that the subject matter was already pending before the Constitution Bench of the Supreme Court and till the issues referred therein were decided either way, liberty could not be granted to the petitioner. We are now informed by Mr. Gangal that the reference made to the Constitution Bench is scheduled to come up for hearing on 9th November, 2010. 4 In our opinion, the restrictions put on the applicants by our order dated 20th November, 2009, while disposing off Civil Application No. 2119 of 2001 should be equally applicable to the respondents as well and therefore, it was not permissible for the Taluka Inspector of Land Record, Nashik to issue the impugned notice dated 8th June, 2010. 5 Hence, the application is allowed and the notice dated 8th June, 2010 is hereby quashed and set aside with liberty to both the parties, depending upon the final outcome of the pending reference. (A.A.SAYED,J.) (B.H. MARLAPALLE, J.)