IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13103 of 2007 1. Raghunath Prasad Son of Late Bilat Raut 2. Narendra Prasad 3. Birendra Prasad Both son of Late Jagnnath Prasad resident of village Parihar Post office and Police station Parihar Dist. Sitamarhi--- Petitioners Versus 1. THE STATE OF BIHAR 2. The Collector, Sitamarhi 3. The Deputy Collector Land Reforms, Sitamarhi, Sadar 4. The Circle Officer, Parihar Dist. Sitamarhi 5. The Certificate Officer, Sitamarhi .. Respondents ----------- 2 26.2.2009 Heard Mr Rajendra Lal Das, learned counsel for the petitioners, and Mr Rakesh Ambastha, learned Assistant counsel to learned Additional Advocate General no.5, for the respondents. The writ petition is directed against the order dated 27.3.1998, passed by the learned Land Reforms Deputy Collector, Sitamarhi, in Case no.19/1997-98, whereby commercial rent in terms of section 23 (4) of the Bihar Tenancy Act,1885( hereinafter referred to as ‘the Act’)has been determined with respect to the following land of the petitioners. xzke [kkrk u0 [ksljk u0 dqy jdok orZeku yxku ifjgkj 1797 4787 0-08 O;olkf;d jdok cktkj ewY; O;olkf;d 0-02½ Mh0 25]00]000 Hkwfe dk iz;ksx vuqekU; mok ,oa fdjkuk nqdku Section 23(4) of the Act has been declared ultra vires by this court in the case of Amar Singh vs. State of Bihar & others reported in 2007(3) PLJR 225. In that view of the matter, the impugned order is not sustainable in law and has to be set aside. The extent of relief available to the petitioners shall be in terms of the aforesaid judgment. The writ petition is accordingly allowed. shahid (S.K.Katriar, J)