IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8253 of 2009 BIRENDRA PRASAD, SON OF LATE RAMJEE SAH @ RAMJEE PRASAD RESIDENT OF MOHALLA THAKURBARI ROAD JUDGE BAZAR BIHIYA P.S. BIHIYA DISTRICT BHOJPUR-----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT CERTIFICATE OFFICER, BHOJPUR, ARA. 3. THE DISTRICT MAGISTRATE, BHOJPUR, ARA. 4. THE CIRCLE OFFICER, BIHIYA, BHOJPUR, ARA----RESPONDENTS. ---------- 03. 10.11.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 26.8.1998 passed in Case No.38 of 1998-99, Annexure-2, whereunder with reference to the provisions contained in Section 23(4) of the Bihar Tenancy Act revised rent of plot No.1049 appertaining to Khata No.917, Area 8 dhur, 14 ½ dhurki in village Bihiya has been fixed at Rs. 19,632 per annum and for failure to pay such revised rent direction to issue warrant of arrest has been issued by the District Certificate Officer, Bhojpur under orders dated 20.10.2008 in Certificate Case No.55 of 2004-05, Annexure-1. This writ application has been filed assailing the aforesaid orders dated 26.8.1998 and 20.10.2008, Annexures-2 and 1. 3. It is submitted on behalf of the petitioner that Section 23(4) of the Bihar Tenancy Act has been held to be ultravires by the Division Bench of this Court in the case of Amar Singh & Ors. Versus The State of Bihar & Ors., reported in 2007(3) PLJR 225 and in the light of the ratio of the said case, the order dated 26.8.1998, Annexure-2 and the direction to issue warrant of arrest under orders dated 20.10.2008, Annexure-1 is wholly without jurisdiction. - 2 - 4. I see substance in the submission raised on behalf of the petitioner and in appreciation thereof, I set aside the order dated 26.8.1998, Annexure-2 as also the direction contained in order dated 20.10.2008, Annexure-1 to issue warrant of arrest for failure to pay the revised rent in question. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)