IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2004 of 2002 Panna Lal Sah, son of Late Ram Swaroop Sah, resident of Village- Karahi Khurd, P.S. Basantpur, District- Siwan ----- Petitioner. Versus 1. The State of Bihar 2. The Revenue Secretary, Government of Bihar, Old Secretariat, Patna 3. The District Magistrate, Siwan, District- Siwan. 4. The Deputy Collector Land Reforms, Maharajganj, Sub-Division, Maharajganj, District- Siwan. 5. The Circle Officer , Basanptpur, District- Siwan-cum- The Certificate Officer, Basantpur, District- Siwan ------ Respondent. ---------- 6. 18.11.2008 Heard Mr. S.B. K. Mangalam for the petitioner, and Mr. Dhurendra Kumar, learned Junior Counsel to Standing Counsel No.V for the respondents. This writ petition is directed against the notice issued under the signature of respondent no.5(The Circle Officer, Basantpur) , contained in Annexure-2, the order dated 2.12.2001(Annexure-3), passed by the Circle Officer, Basantpur, in Commercial Rent Misc. Case No.58 of 1997-98, and order dated 24.12.2001(Annexure-4), passed by the learned Certificate Officer, Basantpur, in Certificate Case No.13 of 2001-2002, whereby the respondent authorities have assessed the lands in question for realization of commercial rent in terms of section 23A of the Bihar Tenancy Act, 1885. It relates to Mauza Karhikhurd, Khata No. 168, Survey No. 733. 2. Section 23A of the Act has been struck down by a Division Bench of this Court by its judgment dated 30.5.2007, in the case of Amar singh Vrs. The State of Bihar & Ors, reported in 2 2007(3) P.L.J.R. 225. The same renders the impugned orders bad in law and are accordingly set aside. The writ petition is accordingly allowed. Vinay/ ( S. K. Katriar , J.)