IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14376 of 2007 Sushil Kumar Mishra, Son of Late Shiv Narayan Mishra, Resident of Village- Hisua (Pachupar), P.O. & P.S. Hasua, District- Nawada. .... Petitioner. Versus 1. The State of Bihar. 2. The Collector, Nawada. 3. The Sub-divisional Officer, Nawada. 4. The Deputy Collector, Land Reforms, Nawada. 5. The Circle Officer, Hisua, District- Nawada. ..... Respondents. ----------- 02- 2.3.2009 Heard Mr. Surendra Kishore Thakur for the petitioner, and learned assistant counsel to Mr. Satyadeo Kumar, Standing Counsel No.12. This writ petition is directed against the order dated 19.9.2005 (Annexure-2), passed by respondent no.4, in Commercial Rent Case No.3 of 1997-98 (State of Bihar Vs. Shiv Narain Mishra), in purported exercise of powers under Section 23(4) of the Bihar Tenancy Act (hereinafter referred to as ‘Act’), whereby the commercial rent has been fixed with respect to plot no.795, covering an area of 4 decimals, situate at village-Panchu, under Thana No.697, district- Nawada. 2 2. Section-23(4) of the Act has been declared ultra-vires by a Division Bench of this Court in Amar Singh Vs. the State of Bihar and others (2007 (3) P.L.J.R. 225). The impugned order, therefore, cannot be sustained and is void ab-initio. The same is set aside. The extent of relief available to the petitioner would be in terms of the said judgment. 3. The writ petition is accordingly allowed. (S K Katriar, J.) S.K.Pathak/