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Learned counsel submitted that the aforesaid land has been utilized by the State Government for construction of the Civil Court building at Bikramganj.

A counter affidavit and two supplementary counter affidavits have been filed on behalf of the State. It has been submitted in the counter affidavit that the land stands recorded as Gairmajarua Malik Parti land in the Cadastral Survey Khatiyan which was vested in the State of Bihar after abolition of zamindari and Revisional Survey Khatiyan has been prepared in the name of Government of Bihar. However, in the second supplementary counter affidavit, filed on behalf of respondent nos. 2, 4 and 5, a letter dated 14.6.2011 written by the District Magistrate-cum Collector, Rohtas (Sasaram) to the respondent no.6, the Director, Land Acquisition, Bihar, Patna, has been brought on record as Annexure (I), wherein a stand has been taken that in Title Suit No.97 of 1982 / 61 of 1991 filed by the petitioner, the civil court of competent jurisdiction has passed a judgment and decree dated 16.7.91 in favour of the petitioner. An appeal was preferred against the aforesaid judgment and decree being Title Appeal No. 79/05, after about 14 years of passing of the judgment and decree alongwith a petition for condoning the delay. The limitation petition was provisionally allowed. However, the matter was challenged by the petitioner in Civil Revision Case No. 239/06 and the aforesaid order was set aside by an order dated 31.10.2006 passed by this Court.

It has been submitted that 81 decimals of land of Mauja Dharupur, Plot No.891 appertaining to Khata No.630 has been utilized for construction of the residential building for the Judicial Officers of Civil Court, Bikramganj. The construction was completed in the year 2004 and on 20.11.06, an affidavit had been filed that there is no need for further construction. It appears from the aforesaid letter that S.L.P. filed by the State before the Supreme Court challenging the order passed by this Court in the civil revision was also summarily dismissed on 19.11.2007. The District Magistrate has requested the Director, Land Acquisition, Bihar, Patna to give guidelines for making payment of compensation amount of 81 decimals of land on the point as to whether the payment should be made on the market value as existing on 14.9.2004 i.e., the date on which the application for mutation has been filed by the petitioner or on the present market value.

In view of the fact that the possession has admittedly being taken over upon 81 decimals of land of the petitioner as admitted by respondent no.2 in the second supplementary counter affidavit, there would be no requirement for issuance of notice under Section 4 and declaration under Section 6 of the Land Acquisition Act, 1894. So far the remaining land out of a total of 2.77 ½ acres is concerned, since a petition has been filed by the petitioner for mutation of the land in view of the judgment and decree passed in Title Suit No. 97 of 1982 / 61of 1991, the same should be disposed of by respondent no. 5. i.e., the Circle Officer, Bikramganj, District- Rohtas in accordance with law within four months from the receipt/production of a certified copy of this order.