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1992 Supreme(Cal) 269

PARITOSH KUMAR MUKHERJEE
HILLA TEA ESTATES AND INDUSTRIES LTD – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ABDUL HAMID, ALAK GHOSH, ARATI SARKAR, DHRUBA MUKHERJI, MALAY BASU, SANTIMOY PANDA, SVAPAN MALLICK

PARITOSH KUMAR MUKHERJEE, J.

( 1 ) THIS writ petition was moved on behalf of The Hilla Tea Estates and Industries Limited and another, inter alia, praying for a declaration that the Hilla Tea Estates and Industries Limited, the petitioner No. 1 is entitled to retain the land comprised in the Hilla Tea Estate, as a lessee, under the State of West Bengal, under a lease which cannot be cancelled or forfeited in law and the State Government is not authorised to take possession of the same or to extinguish the right of the petitioner No. 1, as a lessee and/or intermediary therein, by reason of the provisions of Sections 6 and 10 (5) of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the said Act of 1953), read with Rule 4 of West Bengal Estate Acquisition Rules, 1954 and also praying for issue of a writ in the nature of Mandamus commanding the respondents Nos. 1 and 2 to issue treasury challans and to accept payment of rent by the petitioner No. 1 and its agents and to execute the lease in Form "i" appended to Schedule "f" of the said West Bengal Estates Acquisition Rules, on behalf of the Governor of West Bengal and also for issue of an appropriate writ of pro









































































































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