IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3314 of 2007 1. Alok Mehrotra, 2. Santosh Mehrotra, and 3. Pramod Mehrotra, All sons of Vishwanath Prasad Mehrotra, resident of Village- Jandaha, P.S. Jandaha, District- Vaishali. ..... Petitioners. Versus 1. The State of Bihar, 2. The District Magistrate, Vaishali at Hajipur, 3. The Deputy Collector, Land Reforms, Mahua, Vaishali, 4. The Circle Officer, Jandaha, P.S.- Jandaha, District- Vaishali. .... Respondents. ----------- 02- 16.1.2009 Heard Mr. Manoj Kumar Pandey for the petitioners, and Mr. Ritesh Kumar, learned Junior counsel to Additional Advocate General No.1. 2. This writ petition is directed against the order dated 31.1.2001 (Annexure-1), passed by the learned Land Reforms Deputy Collector, Vaishali, in Commercial Rent Fixation Case No.68 of 1999-2000 (Anchal Adhikari, Jandaha Vs. Alok Mehrotra and others), whereby commercial rent with respect to the land in question has been fixed in terms of section 23(4) of the Bihar Tenancy Act (hereinafter referred to as the ‘Act’). Section 23(4) of the Act has been declared ultra-vires by a Division Bench of this Court in the case 2 of Amar Singh Vs. The State of Bihar and others, and the analogous writ petitions, reported in 2007(3) P.L.J.R. 225. In that view of the matter, the impugned order is set aside. The extent of relief available to the petitioners shall be governed by the terms of the said judgment. 3. The writ petition is accordingly allowed. (S K Katriar, J.) S.K.Pathak/