- (1.) At the request of the parties, arguments were heard and the appeal is being disposed off finally.
(2.) Appellants have preferred this intra-court appeal challenging the impugned order dated 08.04.2009 passed by the learned Single Judge in S.B. Civil Writ Petition No.7633/2007, whereby order dated 13.07.2006, impugned in the writ petition, was quashed and set aside and the respondents were given liberty to charge dead rent from the petitioner up to 07.09.2005.
(3.) The respondent preferred the writ petition before the learned Single Bench challenging the impugned order dated 13.07.2006 (Annexure-6), whereby dead rent was demanded for a period with effect from 27.02.2005 to 26.02.2006. The case of petitioner was that he was granted short term permit of brick kiln, he submitted an application on 25.05.2005 to surrender his short term permit, the said application was received in the office of respondents on 08.06.2005, therefore, the petitioner was not liable to pay any dead rent after 25.05.2005 as he cannot suffer for fault on the part of respondents as respondents failed to decide his application to surrender his short term permit.;