IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3337 of 2007 Rajaram Bhagat, son of Shri Sukhlal Bhagat, resident of village- Dandaspur, Police Station- Janta Baazar, District- Saran. ..... Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Land Reforms Department, Government of Bihar, Patna. 3. The District Magistrate, Saran at Chapra. 4. The Deputy Collector, Land Reforms, Chapra, District- Saran. 5. The Sub-Divisional Certificate Officer, Sadar Chapra, District- Saran. 6. The Circle Officer, Baniapur, District- Saran. 7. The Circle Officer, Lahladpur, District- Saran. .... Respondents. ----------- 02- 16.1.2009 Heard Mr. Umesh Kumar Mishra for the petitioner, and Mr. Ramadhar Tiwary, learned junior counsel to Additional Advocate General No.8. 2. This writ petition is directed against the following orders whereby commercial rent with respect to the land in question has been fixed in terms of section 23(4) of the Bihar Tenancy Act (hereinafter referred to as the ‘Act’): (i) Warning Card (Annexure-2), issued by the learned Circle Officer, Baniapur/Lahladpur, District- Saran. 2 (ii) Certificate proceeding (Annexure-4), issued by the Sub-Divisional Certificate Officer, Sadar, Chapra, District- Saran in Case No.06 of 2005-06. Section 23(4) of the Act has been declared ultra-vires by a Division Bench of this Court in the case of Amar Singh Vs. The State of Bihar and others, and the analogous writ petitions, reported in 2007(3) P.L.J.R. 225. In that view of the matter, the impugned orders are set aside. The extent of relief available to the petitioner shall be governed by the terms of the said judgment. 3. The writ petition is accordingly allowed. (S K Katriar, J.) S.K.Pathak/