IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6743 of 2007 DR.SMT.SUDHA KUMARI SHARMA, WIFE OF SRI CHANDRA BHUSHAN SHARMA, RESIDENT OF MOHALLA IN NORTH OF HARIS CHANDRA STADIUM, P.S. NAWADAH AND DISTRICT-NAWADAH --- ----------------------PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, NAWADAH 3. THE LAND REFORMS DEPUTY COLLECTOR,NAWADAH 4. THE CIRCLE OFFICER, NAWADAH ANCHAL,DISTRICT NAWADAH.------------RESPONDENTS. --------- 2. 4.2.2009 Mr. Ram Kumar Sharma for the petitioner and Mr. Mukund Mohan Jha, learned Assistant Counsel to Standing Counsel no.7 are present. Heard. This writ petition is directed against the order dated 4.1.2007(Annexure-1) passed by the learned Collector of the district of Nawadah in case no.55(M) of 2006/102(M) of 2007 (Dr. Smt. Sudha Kumari Sharma Vrs. State of Bihar & ors.) whereby the appeal filed by the petitioner has been rejected and it has been held that the petitioner is liable to pay commercial rent for the premise in question in terms of Section 23(4) of the Bihar Tenancy Act. Learned counsel for the petitioner has rightly submits that Section 23(4) of the Bihar Tenancy Act has been declared ultravires by this Court in the case of Amar Singh and ors. Vrs. The State of Bihar & ors. reported in 2007(3) PLJR 225. In that view of the matter, the impugned order cannot be sustained in law and is hereby set aside. - 2 - The extent of relief shall be made available to the petitioner as per the terms of the said judgment. The writ petition is accordingly allowed. sudip ( S. K. Katriar, J )