IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4033 of 2007 OM PRAKASH SARAF, son of Late Narayan Das Saraf, resident of Naugachia, PS Naugachia, Distt. Bhagalpur ……… …………Petitioner Versus 1. THE STATE OF BIHAR 2. The Sub Divisional Officer, Naugachia (SD0) 3. The Deputy Collector, Land Reforms (DCLR), Naugachia, Distt. Bhagalpur 4. The Anchal Adhikari, Block Naugachia, Distt. Bhagalpur………… ……….. Respondents ----------- 02- 19.1.2009 Heard Mr. S K Saraf for the petitioner, and learned JC to AAG VII. This writ petition is directed against the undated notice (Annexure 1), issued by the learned Sub Divisional Officer, Naugachia, in Case No. 13 of 2006-07, whereby the petitioner has been called upon to show cause as to why commercial rent in terms of Section 23(4) of the Bihar Tenancy Act be not assessed and realized from him. Section 23(4) of the Act has since been declared ultra vires by a Division Bench of this Court in its judgment reported in 2007(3) PLJR 225 (Amar Singh vs. State of Bihar). The impugned notice is, therefore, wholly unauthorized and is hereby quashed. The extent of relief to the petitioner shall be available as per the terms in the said judgment. 2. The writ petition is accordingly disposed of. ( S K Katriar ) mrl - 2 -