IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15280 of 2006 KEDAR NATH GUPTA Versus THE STATE OF BIHAR & ORS ----------- 02/ 07.8.2008 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the order dated 14.7.2006, passed in Commercial Rent Fixation Case No. 39 of 2004-05/37 of 2006-07, whereunder he has been directed to pay Rs. 675/- as commercial rent for 306 square feet equivalent to 0.03/4 decimals of land of plot no. 51 appertaining to Khesra no. 679 within Ward no.2 of Naugachhia in terms of the provisions contained in Sub-Section (4) of Section 23 of the Bihar Tenancy Act, which provisions have been held to be ultra vires by this Court in the case of Amar Singh & others Vrs. The State of Bihar and others, reported in 2007(3) PLJR 225. As the provisions contained in Sub-section (4) of Section 23 of the Bihar Tenancy Act, whereunder petitioner has been directed to pay the commercial rent, have been held to be ultra vires by this Court in the case of Amar Singh (supra), in the circumstances, order dated 14.7.2006 as also the notice dated 9.8.2006, as contained in Annexures-1 and 2 are quashed and this writ application is, accordingly, allowed. Arjun/ (V.N. Sinha, J.)