IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2327 of 2007 Dr. Mahendra Prasad Singh alias Mahendra Prasad Singh Son of Late Chhedi Prasad Singh Resident of Mohalla Mahatma Gandhi Road P.O. Head Post Office, Bhagalpur P.S. Kotwali District Bhagalpur ---- Petitioner. Versus 1. The State of Bihar 2. The Collector, Bhagalpur 3. The Deputy Collector, Land Reforms, Bhagalpur. 4. The Circle Officer, Jagdishpur Block, District- Bhagalpur --- Respondents. ------- 3. 19.1.2009 Heard Mr. Vivekanand Vivek for the petitioner, and learned Junior Counsel to Standing Counsel No.1(Ceiling). It arises out of imposition of commercial rent under section 23(4) of the Bihar Tenancy Act (hereinafter referred to as the Act). The petitioner impugned the following orders: (a) order of the learned first authority dated 8.2.2006 (Annexure-2), passed by the learned Deputy Collector Land Reforms, Bhagalpur, in Commercial Rent Case No.78/2005-06 and (b) order of the learned appellate authority dated 4.8.2006 (Annexure-3), passed by the learned Collector, Bhagalpur in Commercial Rent Case No.158 of 2005-06, whereby the order of the learned first authority has been affirmed. Section 23(4) of the act has been declared ultra vires by a Division Bench of this Court in the case of Amar Singh Vrs. State of 2 Bihar & Ors., reported in 2007(3) P.L.J.R. 225. In that view of the matter, the impugned orders are hereby set aside. The extent of relief available to the petitioner shall be in terms of the said judgment. This writ petition is accordingly allowed. Vinay/ ( S. K. Katriar , J.)