SAMAPTI CHATTERJEE
Abhijit Tea Company Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent
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 demarc
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