K.S.JHAVERI,J. - (1.) By way of this appeal, the appellant has challenged the judgment and order of the learned Single Judge whereby the learned Single Judge has dismissed the writ petition filed by the appellant.
(2.) This Court admitted the appeal on a limited question vide order dated 06.02.2009 which reads as under:- "The appeal is admitted on the limited question "as to whether dead rent could be charged for the period when the possession was not with the lessee." Since respondents are duly represented through counsel, fresh notices need not be issued."
(3.) Mr. Choudhary learned counsel for the appellant has strongly relied on the decision of this Court in the case of M/s. Dhaneshwar Stone Company, Kota v. State of Rajasthan and Ors. in S.B. Civil Writ Petition No.16614/2010 decided on 13.05.2014 which was subsequently accepted by the State Government. His strong contention is that when the possession was not with the lessee the dead rent was not chargeable.;