IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5357 of 2007 M/S NISAN GAS SERVICE at Babu Market, Araria, PS & District Araria through its Proprietor, Md. Quasim Reza, S/o Late Md. Ziaur Rahman, resident of Islam Nagar, PO & PS Araria, District Araria 2. Md. Quasim Reza, S/o Late Md. Ziaur Rahman, resident of Islam Nagar, PO & PS Araria, District Araria ……… Petitioners Versus 1. THE STATE OF BIHAR 2. The District Collector, Araria, District Araria 3. The Additional Collector, Araria, District Araria 4. The Circle Officer, Araria, PO & PS Araria, District Araria ……….. ………Respondents ----------- 02- 27.1.2009 Heard Mr. Sushanto Kumar Das for the petitioners, and learned AC to Govt. Advocate No.III. This writ petition is directed against the demand (Annexure 4), issued by the Circle Officer, Araria, in Case no.45/05-06, whereby the petitioner has been called upon to make payment commercial rent in terms of Section 23(4) of the Bihar Tenancy Act. This provision of law has since been declared ultra vires by a Division Bench judgment of this Court in Amar Singh vs. State of Bihar [2007(3) PLJR 225]. In that view of the matter, the impugned notice is set aside. The extent of relief available to the petitioner shall be in terms of the said judgment. 2. The writ petition is accordingly disposed of. ( S K Katriar ) mrl - 2 -