SABYASACHI BHATTACHARYYA,J. - (1.) The present challenge has been directed against an order dated September 13, 2019 passed by the respondent no.3, the Tea Board, issuing a directive under clause 13(3) of the Tea (Marketing) Control Order, 2003, inter alia, fixing the last date for plucking/receiving of green leaves for all tea factories as December 14, 2019 and fixing subsequent time lines for the other parts of processing of the tea. The petitioner is aggrieved by the directive fixing the last date of plucking/receiving of green leaves to be December 14, 2019.
(2.) It is argued by learned senior counsel for the petitioner that the tea garden of the petitioner is situated in the Terai region on the foothills of the Himalayas and the onset of monsoons and winter in such area is different from that of the hilly areas of northern and north"eastern India. As such, it is argued that, in view of a similar directive having been issued last year, the petitioner faced substantial losses. After the aforesaid predicament, the present impugned order dated September 13, 2019 was again issued, which the petitioner is facing difficulty in implementing, in view of the impending huge loss to be suffered by the petitioner if the last date of plucking/receiving of green leaves remains as December 14, 2019. It is submitted that at least twenty days more for the plucking of tea leaves ought to be granted to tea gardens of the Terai region, due to late onset of winter as compared to the hilly areas.
(3.) Learned senior counsel for the petitioner, by placing reliance on a communication dated September 30, 2019 to the Deputy Chairman, Tea Board and Registering Authority, being the present respondent no.5, indicated such problems being faced by the petitioner, also clearly mentioning the reason for such difficulty, as indicated above.;