IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15410 of 2006 GYANTI DEVI Versus THE STATE OF BIHAR & ORS ----------- 02/ 08.8.2008 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the notice dated 15.5.2003, Annexure-2, whereunder the Circle Officer, Baniapur/ Lahladpur in the district of Saran has called upon him to pay commercial rent in regard to 0.02 decimals of land, bearing Jamabandi No. 40 appertaining to Khata No. 321 of village Lahladpur. It is submitted on behalf of the petitioner that aforesaid notice has been issued in terms of Sub-section (4) of Section 23 of the Bihar Tenancy Act, which provision has been held to be ultra vires by this Court in the case of Amar Singh & others Vrs. The State of Bihar & ors, reported in 2007(3) PLJR 225. As the provision contained in Sub-section (4) of Section 23 of the Bihar Tenancy Act, whereunder petitioner has been called upon to pay the commercial rent, has since been held to be ultra vires by this Court in the case of Amar Singh & others (supra), notice dated 15.5.2003, Annexure-2 is quashed along with the certificate proceeding, bearing Case No. 61 of 2005-06, as contained in Aannexure-4, which has been initiated to realize the rent and this writ application is allowed. Arjun/ (V.N. Sinha, J.)