IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14119 of 2006 ASHA DEVI CHIRANIA Versus THE STATE OF BIHAR & ORS WITH CWJC No.14120 of 2006 SUMAN DEVI @ SUMAN DEVI CHIRANIA Versus THE STATE OF BIHAR & ORS ----------- 2. 24.7.2008. Heard learned counsel for the petitioner and the State. 2. Petitioners are aggrieved by the notice dated 12.12.2005 issued by the Deputy Collector Land Reforms, Naugachhia, Bhagalpur, Respondent No. 2 in connection with Case No. 76 of 2004-05 whereunder with reference to the provisions contained in Sub-Section (4) of Section 23 of the Bihar Tenancy Act, 1885 he has been directed to pay commercial rent with respect to the Plot Nos. 2004 and 2005 appertaining to Khata No. 254 measuring an area of 0.02 decimals. 3. It is submitted on behalf of the petitioners that the provisions referred to in the notice, namely Sub-Section (4) of Section 23 of the Bihar Tenancy Act has been held to be ultravires by a Division Bench of this Court in the case of Amar Singh Versus The State of Bihar and Ors. Reported in 2007(3) PLJR 225 as the provisions whereunder notice for payment of commercial rent has been issued has been held to be ultravires notice dated 12.12.2005 issued by the D.C.L.R., Naugachhia, Bhagalpur in connection with Case No. 76 of 2004-05 as contained in Annexure-1 is quashed. 4. Both the writ applications are, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)