IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2641 of 2007 BISHWANATH SAH………. Petitioner Versus 1. THE STATE OF BIHAR through the Collector Vaishali 2. DCLR, Vaishali 3. Certificate Officer, Anchal Hazipur, Vaishali ………Respondents ----------- 02- 15.1.2009 Heard Mr. Gauri Shankar Prasad for the petitioner, and Mr. Ashok Kumar, learned JC to AAG IX for the respondents. This writ petition is directed against the order dated 24.4.2006 (Annexure 6), passed by the learned Collector of the district of Vaishali in Misc. Case No.271 of 2000-2001 (Bishwanath Sah vs. State of Bihar), whereby appeal preferred by the present petitioner has been rejected, and the order of the learned Anchal Adhikari raising commercial rent with respect to the lands in question in terms of Section 23(4) of the Bihar Tenancy Act, has been upheld. Section 23(4) of the Act has since been declared ultra vires by a Division Bench judgment of this Court in Amar Singh v. State of Bihar [2007 (3) PLJR 225]. Therefore, the order of the learned Collector is hereby set aside. The extent of relief to the petitioner shall be made available in terms of the said judgment of this Court. 2. The writ petition is accordingly disposed of. ( S K Katriar ) mrl - 2 -