IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 4975 OF 2008 WRIT PETITION NO. 4975 OF 2008 WRIT PETITION NO. 4975 OF 2008. Swami Jagadguru Shankaracharya ..Petitioner. V/s. The State & Ors ..Respondents. Mr N. V. Walawalkar with Mr Sameer Tendulkar,Advocates Petitioners. Mr V. S. Gokhale, A.G.P. Advocate for the Respondent Nos. 1 to 5. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. DATED: 16.09. 2008. DATED: 16.09. 2008. DATED: 16.09. 2008. P.C.: P.C.: P.C.: ---- ---- ---- 1. This petition is directed against the order dated 24.3.2008 passed by Sub-Divisional Officer, Gadhinglaj Division, Gadhinglaj rejecting application under Section 30 of the Land Acquisition Act, 1894. 2. Both parties agreed that this order could not have been passed since the matter was required to be referred to the Civil Court for deciding the rights of the parties involved therein. Both parties agreed that without examining merits or demerits of the order by dispensing with reasons proceedings be remitted back to the S.D.O. Gadhinglaj directing to refer the reference to the Civil Court. Accordingly, application under Section 30 of the Land Acquisition Act is restored to file of the S.D.O. Gadhinglaj with direction to pass appropriate order. All rival contentions are kept open. 3. Show cause notice issued by this Court by an order dated 29.7.2008 stands discharged. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)