- (1.) Both the above appeals by grant of special leave are directed against the common order of the High court dated 15/09/1981 as such the same are disposed of by one single order.
(2.) The respondent Messrs Singell Tea and Agricultural Industries Limited, a private limited company incorporated under the Companies Act, 1956 (in short 'the Company') filed a writ petition under Article 226 of the Constitution in the High court on 22/04/1981 challenging the order dated 16/04/1981 issued by the Collector, Darjeeling whereby possession of the tea garden known as M/s Singell Tea Estate was takenover with effect from 16/04/1981. In view of the fact that the West Bengal Tea Development Corporation Limited, a Government Company (in short 'the Corporation') had been handed over the possession of the tea garden on 21/04/1981, the said Corporation was also impleaded as a party respondent.
(3.) The State of West Bengal enacted the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as 'the Act') to provide for the State acquisition of estates, of rights of intermediaries therein and of certain rights of raiyats and under-raiyats and of the rights of certain other persons in lands comprised in estates. The State government also issued a notification under Section 4 of the Act vesting all estates and rights of every intermediary in the State free from all encumbrances. This notification also covered the land comprised in the tea garden known as M/s Singell Tea Estate. The Revenue Officer, Kurseong, Darjeeling issued notices to the Company initiating proceedings for assessment of rent of the said tea garden. The Company appeared in the said proceedings and contended that it was not an intermediary within the meaning of the Act and the provisions of the Act were not applicable to the said tea garden as the same was a freehold land and the Revenue Officer had no jurisdiction to assess the rent under Section 42 (2 of the Act. The Revenue Officer rejected the contentions of the Company and passed two orders fixing the rent at Rs. 2,375.94 per year. The government being not satisfied with the quantum of rent determined by the Revenue Officer took further proceedings for the revision of the entries in the record of rights in respect of the tea garden and in those proceedings the Revenue Officer by order dated 22/08/1968 redetermined the rent at Rs. 8,769.24 per year.;