Arindam Mukherjee, J.

1. The facts relating to filing of the writ petition by the respondent nos. 4 and 5, namely, Avijit Tea Company Private Limited and Rajendra Kanodia its director are as follows:-

2. Great Gopalpur Tea Company Private Limited (hereinafter referred to as 'GGTCPL') was the owner of Haihai Pathar Tea Estate falling in Mouja- Haihai Pathar -I, Haihai Pathar-II, and Haihai Pathar-III in the district of Jalpaiguri.

3. After the promulgation of the West Bengal Estate Acquisition Act, 1953(hereinafter referred to as the said 'Act') the entire land with structures thereon vested in the State.

4. The said GGTCPL under the provisions of Section 6(3) of the said Act was allowed to retain 1029.78 acres of tea garden land in Haihai Pathar-II, and 505.12 acres in Haihai Pathar-III. Out of 1029.78 acres the State Government resumed 52.71 acres and the tea estate was allowed to retain 977.07 acres in Haihai Pathar-II. Thus, the total land allowed to be retained by the tea estate was 1482.14(977.07+505.12) acres. Subsequently, the Government of West Bengal executed two