IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14083 of 2001 SHRI RAM BHADENI Versus THE STATE OF BIHAR & ORS ----------- 5. 19.09.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner is the owner of a Cold Storage raised on 0.5 decimals of land bearing Plot Nos. 444 and 445 appertaining to Khata No. 68 of Mohalla- Raja Bazar, Arwal Road in the town of Jehanabad. He has been called upon to pay commercial rent under notice dated 17.09.2001, Annexure-1 in the light of the order dated 03.03.1997, as contained in Annexure-2. 3. It is submitted on behalf of the petitioner that aforesaid levy of the commercial rent is with reference to the provisions contained in Sub-Section (4) of Section 23 of the Bihar Tenancy Act, 1885, which provision has been held to be ultra vires by a Division Bench of this Court in the case of Amar Singh and others Vs. The State of Bihar & Ors., reported in 2007 (3) P.L.J.R., 225. 4. As the provision whereunder commercial rent was directed to be paid by the petitioner has been held to be ultra vires, the demand for payment of commercial rent with respect to the lands in- question is contrary to law. Accordingly, the order dated 03.03.1997, Annexure-2 as also the notice dated 17.09.2001, Annexure-1 are set aside. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)