IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14533 of 2006 UDAY SHANKAR 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 Plot No 1981 appertaining to Khata No. 142 measuring an area of 0.04 decimal in Village Lahladpur, P.S. Janta Bajar in the district of Saran. He has been asked to pay Rs. 17,325/- as commercial rent of the aforesaid lands 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 petitioners 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.)