IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16491 of 2001 BHUNESHWAR PRASAD SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- 04. 25.09.2008. Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 1.9.1998/28.12.1998 passed by the Deputy Collector Land Reforms, Patna City in Commercial Rent Fixation Case No. 21 of 1997-98, Annexure-4 whereunder for 14 Kathas of land of Plot No.1571 appertaining to Khata No. 335 of Mauja Kumhrar a sum of Rs. 14,000/- per annum has been fixed as commercial rent. They are further aggrieved by the notice issued in Form-B dated 24.10.1997 calling upon them to furnish a sum of Rs. 1,40,000 as arrears of commercial rent, Annexure-3. 3. It is submitted on behalf of the petitioners that the aforesaid commercial rent has been fixed with reference to the provisions contained in Sub-Section(4) of Section 23 of the Bihar Tenancy Act, 1885, which provision has been held to be ultravires by a Division Bench judgment of this Court in the case of Amar Singh and others Vs. The State of Bihar & Ors. reported in 2007(3) PLJR 225. As the provision itself has become ultravires then the order and the notice calling upon the petitioners, Annexures-3 and 4 to pay the commercial rent should be quashed, which is, accordingly quashed in the light of the Division Bench Judgment of this Court in the case of Amar Singh and others Vs. The State of Bihar & Ors (Supra). 4. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.) - 2 -