IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7439 of 2007 Suresh Prasad Yadav, Son of Ram Lakhan Yadav Resident of Mohalla- Sheikhpura Bye Pass, P.S. Sheikhpura, District- Sheikhpura ------ Petitioner. Versus 1. The State of Bihar 2. The Secretary-cum-Commissioner, Department of Revenue and Land Reforms Govt. Of Bihar, Patna. 3. The Additional Secretary Department of Revenue Govt. of Bihar Patna. 4. The District Magistrate-cum-Collector, Sheikhpura 5. Sub Divisional Officer Sheikhpura 6. Circle Officer Sheikhpura 7. Nagar Panchayat through its Executive Officer, Sheikhpura --- Respondents. ---------- 2. 6.2.2009 Heard Mr. Anjani Prasad Singh for the petitioner, and learned Assistant Counsel to Government Pleader No. 8. This writ petition is directed against the order dated 22.4.2004 to 4.1.2007(Annexure-1), passed by the learned Anchal Adhikari, Sheikhpura, in Commercial Rent Fixation Case No.40 of 2004-05 in terms of section 23(4) of the Bihar Tenancy Act (hereinafter referred to as the Act), is sought to be levied on the petitioner. Section 23(4) of the Act has been declared ultra vires by a Division Bench of this Court in the case of Amar Singh Vrs. The State of Bihar & Ors., reported in 2007(3) P.L.J.R. 225. In that view of the matter, Commercial Rent Fixation Case No.40 of 2004-05 becomes non-est in law and it is accordingly quashed. The extent of relief available to the petitioner shall be in terms of the aforesaid judgment. This writ petition is accordingly allowed. Vinay/ ( S. K. Katriar , J.) 2