IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No. 9126 of 2007 Urmila Singh @ Urmila Devi, wife of Gopal Narayan Singh, Resident of Village Mohania, P.S. Mohania District Kaimur ----- Petitioner. Versus 1. The State of Biahr 2. The Collector, Kaimur 3. The Additional Collector, kaimur 4. The Deputy Collector Land Revenue, kaimur 5. The Circle Officer, Mohania District Kaimur ---- Respondents. ---------- 2. 10.2.2009 Heard Mr. Arbind Nath Pandey for the petitioner, and learned Assistant Counsel to Additional Advocate General No.4. This writ petition is directed against the order dated 28.9.2006 (Annexure-6), passed by the learned Collector of the district Kaimur (Bhabua) in Commercial Rent Appeal Case No.01 of 2005 (Urmila Singh Versus State), whereby the appeal preferred by the present petitioner has been rejected and it has been held that she is liable to pay commercial rent in terms of section 23(4) of the Bihar Tenancy Act(hereinafter referred to as the Act). Section 23(4) of the Act has been declared Ultra Vires by a Division Bench of this Court in the case of Amar Singh Vrs. The State of Bihar & Ors. Reported in 2007(3) P.L.J.R. 225. In that view of the matter, the impugned order is unsustainable in law and has to be set aside. The extent of relief available to the petitioner shall be in terms of the aforesaid judgment. This writ petition is accordingly allowed. Vinay/ ( S. K. Katriar , J.)