IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.10452 OF 2009 RAJENDRA MASKARA VERSUS (1) THE STATE OF BIHAR THROUGH CHIEF SECRETARY, BIHAR (2) THE PRINCIPAL SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, BIHAR (3) THE COLLECTOR, BEGUSARAI (4) THE DY COLLECTOR, LAND REFORMS, BEGUSARAI (5) CIRCLE OFFICER, BARAUNI, BEGUSARAI AND (6) THE SUB DIVISIONAL CERTIFICATE OFFICER, BEGUSARAI. ----------- 3 08.09.2009. Heard learned counsel for the parties. In the instant writ petition the petitioner has prayed for quashing order dated 6.10.2006, passed by certificate officer, Begusarai in Commercial case being Certificate case no. 42 of 2005- 06 by which he has been directed to pay interest failing which custody warrant would be issued. Learned counsel submits that certificate case no. 42 of 2005-06 was initiated on basis of section 23(4) of BT Amendment Act, 1993 (in short the Act), under which provision fresh assessment of rent was made on the basis of market value of the land under commercial use. The petitioner states that in order to save himself form rigour of the certificate case he had deposited the entire dues amount of Rs. 5,82,825/- though the Division bench of this court in case of Amar Singh versus State of Bihar, reported in 2007(3) PLJR 225 has struck down section 23(4) of the Act as ultra vires. The petitioner sates that the certificate officer now has issued notice for payment of interest on delayed deposit of aforesaid sum. After hearing the counsel for the parties, this court observes that order dated 14.5.2005, passed by the SDO, Begusarai in - 2 - commercial case being Certificate case no. 42 of 2005-06 is in teeth of order of this court in case of Amar Singh, as such, the impugned order dated 6.10.2006 issued by the SDO, Begusarai in aforesaid certificate case is set aside. The writ petition stands allowed with the aforesaid observations. Shashi. (Samarendra Pratap Singh,J).