IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4351 of 2007 SHANKAR PRASAD CHOWDHARY, son of late Sitaram Chowdhary, resident of village Kunwara, Police Station Chakia, Sub Division Chakia, District East Champaran ……… Petitioner Versus 1 . THE STATE OF BIHAR 2. The Collector, East Champara, Motihari 3. Deputy Collector, Land Reforms (DCLR), Chakia, East Champaran 4. Circle Officer, Chakia, District East Champaran ……… Respondents ----------- 02- 19.1.2009 Heard Mr. Rajendra Narain for the petitioner and learned JC to Standing Counsel No.V. It arises out of the proceedings under Section 23(4) of the Bihar Tenancy Act, whereby orders for assessment and imposition of commercial rent have been passed against the petitioner. It is directed against the following orders :- (i) The order dated 9.2.2002 (Annexure 1), passed by the learned LRDC, Chakia, East Champaran, in Case no.26/97. (ii) The appellate order dated 19.1.2007 (Annexure 3), passed by the learned Collector, East Champaran, in Case no.24/2002-03. 2. Section 23(4) of the Bihar Tenancy Act has since been declared ultra vires by a Division Bench judgment of this Court reported in 2007 (3) PLJR 225 (Amar Singh vs. State of Bihar). Therefore, the impugned orders dated 9.2.2002 (Annexure 1), and 19.1.2007 (Annexure 3) are unauthorized and hereby set aside. The extent of relief to the petitioner shall be made available in terms of the said judgment. - 2 - 3. The writ petition is accordingly disposed of. ( S K Katriar ) mrl