IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13375 of 2007 Ashok Kumar alias Ashok Kumar Sarawagi, son of Parmeshwar Prasad, resident of Village- Parihar, Post Office and Police Station- Parihar, District- Sitamarhi. .... Petitioner. Versus 1. The State of Bihar. 2. The Collector, Sitamarhi. 3. The Deputy Collector, Land Reforms, Sitamarhi Sadar, Sitamarhi. 4. The Circle Officer, Parihar, District- Sitamarhi. 5. The Certificate Officer, Sitamarhi. ..... Respondents. ----------- 02- 26.02.2009 Heard Mr. Rajendra Lal Das for the petitioner, and Mr. Roy Shivaji Nath, learned Additional Advocate General No.4. This writ petition is directed against the order dated 17.8.2001 (Annexure-1), passed by the learned Land Reforms Deputy Collector, Sitamarhi Sadar, in Case No.15 of 1999-2000, whereby he has determined the commercial rent of the land in question in terms of Section 23(4) of the Bihar Tenancy Act, 1885 (hereinafter referred to as the ‘Act’). It is with respect to the following land: [kkrk ua0 [ksljk ua0 jdok O;olk; dk izdkj 189 4812 0.02 diM+k/ijpqu dk nqdku 2. Section 23(4) of the Act has been declared ultra-vires by this Court in the 2 decision reported in 2007 (3) P.L.J.R. 225 (Amar Singh Vs. The State of Bihar and others), as a result of which Section 23(4) of the Act is no longer on the statute book. In that view of the matter, the said order dated 17.8.2001 becomes void ab-initio and is accordingly set aside. The extent of relief available to the petitioner shall be as per the terms of the said judgment. 3. The writ petition is accordingly allowed. (S K Katriar, J.) S.K.Pathak/