IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.362 of 2007 Shiv Shankar Prasad, son of late Satya Narayan Prasad, resident of village-Shiva Tola Dandaspur, P.O. Panditpur, Police Station- Janta Bazar, 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- 9.1.2009 Heard Mr. Umesh Kumar Mishra for the petitioner, and Mr. Dhananjay Kumar, learned junior counsel to Government Pleader No.12. 2. This writ petition is directed against the action of the respondent authorities, seeking to levy commercial rent in terms of Section 23(4) of the Bihar Tenancy Act. The provision of law has been declared ultra-vires by a Division Bench of this Court in the Case of Amar Singh Vs. The State of Bihar & others, and the analogous writ petitions, reported in 2007 (3) P.L.J.R. 225. In that view of the matter, the action 2 taken against the petitioner becomes null and void. The petitioner’s case is covered by the said judgment in Amar Singh Vs. The State of Bihar (supra). The extent of relief available to the petitioner shall be governed by the terms of the said judgment. 3. The writ petition is accordingly disposed of. (S K Katriar, J.) S.K.Pathak