IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14544 of 2006 PRABHU NATH PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2. 29.07.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner is the raiyat of Jamabandi No. 26 appertaining to Khata No. 179 measuring an area of 1.5 decimals in Village Dandaspur. He has been asked to pay Rs. 5512/- as commercial rent of the aforesaid plot with reference to the provisions contained in Sub- Section (4) of Section 23 of the B.T.Act, 1885. 3. It is submitted on behalf of the petitioner that aforesaid provision has since been held to be ultra vires by a Division Bench of this Court in the case of Amar Singh and others Vs. The State of Bihar & Ors, reported in 2007 (3) P.L.J.R. 225. 4. As the provision whereunder commercial rent was directed to be paid by the petitioner has been held to be ultra vires, the demand for payment of commercial rent with respect to the lands in- question is, accordingly, quashed. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)