- (1.) THE judgment of the Court was as follows: - The writ petitioners have questioned the legality and propriety of the impugned order dated 8th November, 2009 passed by the District Magistrate Jalpaiguri in case No. 1 of 2009. Mr. Mukherjee, learned Senior Counsel appearing for the writ petitioners submits that the Anandapur Tea Estate was previously owned by the Rahut, a Zaminder family of Jalpaiguri. They constituted a family partnership under the name of M/s. Rahut Syndicate for control and management of Anandapur Tea Estate. After the West Bengal Estate Acquisition Act of 1953 came into force upon determination of ceiling of land for tea gardens by Government of West Bengal, 1560.31 acres of land was allotted to be retained by the said Rahuts for tea plantation and ancillary purposes and a temporary lease for an area of 1560.31 acres of land was granted in favour of M/s. Rahut Syndicate in 1977. Subsequently, upon determination, 30 years lease was granted in favour of M/s. Rahut Syndicate on November 19,1979. Rent was being paid regularly by Rahut family and they were in possession of the aforementioned area of land. Thereafter, Anandapur Tea Estate was sold to Long View Tea Co. Ltd. which in turn transferred the same to the writ petitioner No. 1 viz. Roopachera Tea Co. Ltd. Subsequent to such transfer the area of land measuring about 1560.31 acres was duly recorded in the name of the writ petitioner No. 1 by collector's memo No. 578/T dated 28th August, 2002. It was submitted by Mr. Mukherjee that the plot numbers covering the total area of the land is narrated under Paragraph 4 of the writ petition. He also submitted that the right title and interest of Long View Tea Co. Ltd. in respect of the aforementioned area of land vested on petitioner No. 1. It was submitted by • Mr. Mukherjee that the schedule of leasehold land as described in the lease itself as follows: "An area of 1560.31 acres of land as recorded in Revisional Settlement map and Records of Right of Mouza Anandapur (illegible) Parganas J.L. No. 81, P.S. Mal, District Jalpaiguri, Sub - Registry Office Maynaguri, Touzi No. 411 as per Land and Land Revenue Department, Land Reforms Branch Order No. 18943 -L Ref. dt. 27.12.1968, No. 5698 -6 Ref. dt. (illegible) amended by (illegible) No. 5658 -6 Ref. dt. (illegible) Ref. dt. 11.08.1978, under Section 6(3) of the West Bengal Estates Acquisition Act, 1953."
(2.) IT was also submitted that the lease in question is a statutory lease strictly in accordance with Form - I of Schedule 'F' of the West Bengal Estates Acquisition Rules. Mr. Mukherjee referred Para 1 of Schedule 'F' which reads as follows: "1. Land comprised in a tea garden retained by an intermediary under sub -section (1), read with sub -section (3), of Section 6 shall be deemed to be held directly under the State from the date of vesting as a tenant until a lease is granted in Form -I appended to this schedule, on such terms and conditions as may be specified by the Collector is a summary settlement, and thereafter, on a lease being granted in Form -1 appended to the schedule, on the terms and conditions specified in such lease. There shall be a lease in Form - 1 in respect of each intermediary, and the same shall be registered and numbered in the office of the Collector." Mr. Mukherjee also referred Rule 4 of West Bengal Acquisitions Rules, 1954 which reads as follows: "4. Terms and conditions of holding land retained by an intermediary under Section 6(1). Any land retained by an intermediary under the provisions of sub -section (1) of Section 6 shall, subject to the provisions of the Act, be held by him from the date of vesting on the terms and conditions specified below: Terms and conditions above referred to (A) Land comprised in a tea garden : The intermediary shall hold such land on the terms and conditions set out in Schedule 'F' appended to these Rules."
(3.) HE also refers Paragraph 16(A) of Form -1 of Schedule 'F' which reads as follows: "That the lease/leases shall be entitled to the renewal of lease for a further period of 30 years and successive renewal for similar periods, subject to the rules and terms and conditions of these lease and to such other terms and conditions as the State Government may from time to time consider it necessary to impose and including in such renewed lease. The same statutory clause is in a part of the lease in the instant case at internal page 11 of the typed copy of the lease as page 40A." ;