IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17078 of 2007 NAGAR PRACHARINI SABHA, Ramna Maidan Ara through its Secretary, Ranjit Bahadur Singh, son of Anand Bahadur Singh, Moh. Pacchim Tola, PS Ara Town, Distt. Bhojpur ……….. Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Patna 3. The District Magistrate, Bhojpur at Ara 4. The Deputy Collector, Land Reforms, Bhojpur at Ara 5. The Circle Officer, Ara 6. The District Certificate Officer, Ara…. Respondents ----------- 02- 17.3.2009 Heard Mr. Baxi S R P Sinha for the petitioner, and Mr. Kumar Alok, learned Standing Counsel 19. It is stated in the writ petition that proceedings were initiated against the petitioner in terms of Section 23(4) of the Bihar Tenancy Act for imposition of commercial rent. Commercial rent was assessed, and in view of non-payment of the same certificate proceedings were initiated, and the petitioner was served with the notice dated 21.2.2007 (Annexure 2), from the learned Certificate Officer, Ara, in Case no.56/2006-07. 2. It appears that Section 23(4) of the Act has been declared ultra vires by a Division Bench of this Court in its judgment reported in 2007(3) PLJR 225 (Amar Singh vs. State of Bihar ) and analogous cases. In that view of the matter, the assessment of commercial rent as well as consequent certificate proceeding become non est in law and void ab initio. The extent of relief to the petitioner would be in terms of the said judgment. - 2 - 3. The writ petition is accordingly allowed. ( S K Katriar ) mrl