IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17147 of 2007 Umesh Baidya @ Umesh Pd. Baidya, Son of Baldeo Baidya, resident of Village- Chorbay, P.S. Amarpur, District- Banka. ..... Petitioner. Versus 1. The State of Bihar. 2. The Collector, Banka. 3. The Deputy Collector, Land Reforms, Banka. 4. The Circle Officer, Amarpur, District- Banka. 5. The Certificate Officer, Banka. ..... Respondents. ----------- 02- 17.3.2009 Heard Mr. Satish Chandra Mishra for the petitioner, and Mr. Dilip Kumar, learned assistant counsel to Government Pleader No.I. This writ petition is directed against the order dated 3.9.2002 (Annexure-2), passed by respondent no.3, in purported exercise of powers under Section-23(4) of the Bihar Tenancy Act (hereinafter referred to as the ‘Act’), in Commercial Rent Fixation Case No.1 of 2002-03 (Re: Umesh Baidya), whereby the commercial rent has been fixed with respect to the land in question. 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, reported in 2007 (3) P.L.J.R. 225. In that view of the matter, the impugned order 2 becomes non-est in law, is void ab-initio, and is hereby 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/