Samapti Chatterjee, J.

1. In this present writ petition following issues are to be determined:-

(i) Whether the petitioners have right to file the writ petition before this Hon'ble Court against the impugned order or the petitioners remedy is to approach before the Land and Land Tenancy Tribunal?

(ii) Whether the State Authority without following due process of law can takeover petitioners' lease hold land measuring of 185.08 acres out of the total lease hold land in the tea garden?

(iii) Whether pursuant to the order issued under section 6(3) of the West Bengal Estate Acquisition Act, 1953 perpetual lease under Form-I (Schedule-F) granted in favour of the Tea Estate, the renewal thereof is at the option of the lessee and the lessee have the same right as owner of the property to get the lease hold land renewed?

(iv) Whether the petitioners have any right to enjoy compensation for the acquisition of any portion of such tea garden land at the instance of Government Authorities without offering compensation with effect to the petitioner

(v) Whether the District Magistrate by the impugned order dated 6th August, 2013 could refuse to consider the claim of the petitioners for demarcations of the tea garden land covered by the lease and for permitting them to use the said land as the State Government is regularly collecting rent from the petitioners for such portion of the land not used by the petitioner but used by other Government Authorities?

The petitioners' case in a nutshell is as follows:-

On 2nd December, 1963 by an order of the competent authority under section 6(3) of the West Bengal Estate Acquisition Act, 1953 M/s. Great Gopalpur Tea Company Private Limited was allowed to retain 1029.78 acres of tea garden land. Subsequently vide order dated 10th December, 1963 under section 6(3) of the Estate Acquisition Act, 1953 the said tea estate was allowed to retain 505.12 acres of tea garden land. Sometime in the year 1972 the United Bank of India as a creditor of the said tea company filed a Title Suit before the Hon'ble High Court Calcutta claiming inter alia for creation of equitable mortgage of the tea estate previously known as Rupali Tea Estate in their favour.

On 20th December, 1974 the State Government initially resumed 77.20 acres of land while using the retention orders. But subsequently vide Memo No. 24422-L. KEF/IL-64/60 the State Government further resumed 52.71 acres of land out of 1029.78 acres thereby the said tea estate was allowed to retain 977.07 acres in Hai Hai Pathar-II and Hai Hai Pathar-III, over and above the said 50.12 acres as was permitted to be retained by the said tea estate by the order dated 10th December, 1963. Pursuant to the orders passed in the said suit on 26th March, 1976 the Government of West Bengal executed two formal lease deeds in Form-I (Schedule-F) in favour of the United Bank of India as mortgagee to M/s. Great Gopalpur Tea Company Private Limited for the said two tea garden land of 505.12 acres and 977.07 acres effective from 24th February, 1967 and 20th February, 1967 respectively.

Further by a registered indenture dated 14th October, 1977 the said M/s. Great Gopalpur Tea Company Pvt. Ltd. with the consent of United Bank of India transferred the said Rupali Tea Estates along with all its assets and liabilities to M/s. Kamini Tea Company Private Ltd. On 18th April, 1979 the said M/s. Kamini Tea Company Private Limited by a registered indenture sold and transferred all the lands, buildings including plantation garden and factories of the said Rupali Tea Estate comprising of the said 505. 12 acres and 977.07 acres including their lease hold interest in favour of the petitioner No. 1 along with the liabilities of United Bank of India. As a result thereof on 10th June, 1981 the name of the petitioner No. 1 was incorporated in the land revenue record in respect of the said tea garden land. On 25th May, 2001 by a order the Collector Jalpaiguri found that there was a delay of 1099 days in a