IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.988 of 2007 ISHWAR DAYAL, Son of Hari Kishun Sao, R/o Budhauli, P.S. Sheikhpura, Distt. Sheikhpura……………………….. Petitioner Versus 1. THE STATE OF BIHAR, 2. The District Magistrate, Sheikhpura, Distt. Sheikhpura, 3. The Deputy Collector Land Reforms, Sheikhpura and 4. Circle Officer, Sheikhpura, Distt. Sheikhpura…………..… Respondents. ----------- 2. 12.01.2009. Heard Mr. Ganesh Prasad for the petitioner and Mr. Anil Kumar, learned Jr. Counsel to Standing Counsel XII. This writ petition is directed against the order dated 26.6.2004 (Annexure-5) passed by the learned Land Reforms Deputy Collector, Sheikhpura in Commercial Rent Case no. 282/04-05 whereby rents with respect to the lands of the petitioner have been assessed in terms of Section 23(4) of the Bihar Tenancy Act, 1993. Section 23(4) of the Act has been declared ultra vires by a Division Bench of this Court in Amar Singh Vs. State of Bihar & ors., reported in 2007 (3) PLJR 225. In that view of the matter, the impugned order dated 26.6.2004 (Annexure – 5) becomes bad in law and is hereby set aside. The petitioner’s case shall be fully covered by the said judgment of this Court. The writ petition is accordingly disposed of. dk ( S.K. Katriar, J. )