IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1252 of 2007 Ramchandra Singh Son of Late Sitaram Singh Resident of Village- Rakanpura, P.s.- Danapur, District- Patna ---- Petitioner. Versus 1. The State of Bihar 2. The Commissioner Cum Secretary, Department of Revenue & Land Reform Government of Bihar, Patna. 3. The Collector, Patna. 4. The Deputy Collector Land Reform, Danapur, District-Patna. 5. The Certificate Officer, Danapur Circle, District- Patna. 6. The Circle Officer, Danapur Circle, District- Patna --- Respondents. ----------- I.A. No. 2545 of 2008 3. 14.1.2009 Mr. Dilip Kumar for the petitioner, and Mr. Ritesh Kumar, learned Junior Counsel to Additional advocate General No.1, are present. Learned counsel for the petitioner presses I.A. No. 2545 of 2008, which is in the nature of a substitution application, wherein it is stated that the petitioner died on 30.1.2008, leaving behind his heirs mentioned in paragraph 2 of this application. Learned Government Counsel has no objection to the same. In that view of the matter, let the name of the petitioner be expunged and be substituted by his heirs mentioned in paragraph 2 of the interlocutory application. I.A. No. 2545 of 2008 is accordingly disposed of. This writ petition is directed against the order dated 18.11.1997 (Annexure-9), passed by the learned Anchal Adhikari, Danapur in Commercial Rent Fixation Case No. 12 of 1997-98, in purported exercise of powers under section 23(4) of the Bihar 2 Tenancy Act (hereinafter referred to as the Act). Learned counsel for the petitioner is right in his submission that section 23(4) of the Act has been declared ultra-vires by this Court in the case of Amar Singh Vrs. The State of Bihar & Ors., reported in 2007(3) P.L.J.R. 225. It is thus obvious that the writ petition is accordingly allowed and the impugned order is hereby set aside. The petitioner shall be entitled to relief in terms of the said judgment passed in the case of Amar Singh(supra). The writ petition is accordingly disposed of. Vinay/ ( S. K. Katriar , J.)