IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14314 of 2006 BISHWANATH SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 25.07.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the notice issued under Sub-Section (4) of Section 23 of the B.T. Act, as contained in Annexure-2, whereunder he has been asked to show cause as to why he should not pay commercial rent of Rs. 5,000/- per annum with regard to 1 katha of land of plot no. 1629, appertaining to Khata No. 358 of Village Pakari in the District of Bhojpur at Ara in compliance of the orders dated 22.2.2000 passed by the Deputy Collector Land Reforms, Bhojpur at Ara in Commercial Rent Case No. 28 of 1998-99, as contained in Annexure-3. 3. It is submitted on behalf of the petitioner that Sub-Section (4) of Section 23 of the B.T. Act 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) PLJR 225. 4. The provision whereunder commercial rent has been imposed has been held to be ultra vires by this Court. In the circumstances, the order dated 22.2.2000 passed in Commercial Rent Case No. 28 of 1998-99, Annexure-3 is quashed. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.) 2