IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14610 of 2006 KAMLA SAH Versus THE STATE OF BIHAR & ORS ----------- 2. 29.07.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner is the owner of the land bearing Thana No. 169, Khata No. 8, Khesra No. 822 measuring an area of 0.05 1/2 acres situate at Village- Hata, P.S. Chainpur, District- Kaimur (Bhabua). He has been asked to pay Rs. 5,460/-as commercial rent of the aforesaid plot with reference to the provisions contained in Sub- Section (4) of Section 23 of the B.T.Act, 1885 along with interest. 3. It is submitted on behalf of the petitioner that aforesaid provision has since 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 petitioners has been held to be ultra vires, the demand for payment of commercial rent with respect to the lands in-question is, accordingly, quashed. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)