M/S Ssk Exports Limited v. The State of Assam and 4 Ors

ORDER

20.11.2024 Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Mr. A.K. Sahewalla, learned counsel for the petitioner. Also heard Mr. H.K. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 to 5 and Ms. G. Hazarika, learned Standing Counsel, for the respondent nos. 1 & 2.

¶2This writ petition is filed by the petitioner Company, namely, SSK Exports Limited aggrieved that the land holding belonging to Boisahabi Tea Estate has not been transferred/corrected in the name of the present petitioner's company notwithstanding the order of the Hon'ble Calcutta High Court dated 22.09.2000 passed in Company Petition no.333/1999 connected with Company Application no. 333/19999. Pursuant to this order dated 22.09.2000, Sheoparshad Surendra Kumar Limited, which was the owner of the Boisahabi Tea Estate, stood merged Page No.# 3/4 with the present petitioner company. In terms of the said order of amalgamation dated 22.09.2000 passed in Company Petition no.333/1999 connected with Company Application no. 333/19999 by the Hon'ble Calcutta High Court, all the land holdings and properties stood transferred in the name of the petitioner's company. The petitioner thereafter filed an application dated 05.02.2020 before the Additional Deputy Commissioner (R), Jorhat in respect of Boisahabi Tea Estate for transfer of the land holding in the name of the present petitioner's company. However, for reasons best known to the respondents, the said application is still pending. No order thereon has been passed by the Additional Deputy Commissioner (R), Jorhat. Being aggrieved, the present writ petition has been filed.

¶3The respondents are represented by their respective counsel who submits that proper instructions would be necessary as the application stated to be filed before the Additional Deputy Commissioner was on 05.02.2020. Accordingly, they pray for further time to complete their instructions.

¶4Learned Senior Counsel for the petitioner submits that by filing the writ petition the petitioner is seeking only a direction to the respondent nos. 3 & 4 to consider the application dated 05.02.2020.

¶5Considering the limited prayer of the writ petitioner and also taking into Page No.# 4/4 consideration that the application was filed on 05.02.2020, this Court is of the view that the writ petition can be disposed of with a direction to the concerned respondent Authorities, more particularly, the Additional Deputy Commissioner

(R), Jorhat, namely, the respondent no.4 to consider and dispose of the application dated 05.02.2020 and pass appropriate order thereon. Any records felt necessary to be considered while disposing of the application can be called for /requisitioned by the authority before passing any order. This entire exercise shall be completed within a period of 90 (ninety) days from the date of receipt of a certified copy of this order along with a copy of this writ petition from the petitioner. It is made clear that during the pendency of the writ petition, if any order is passed or that may have been passed, a copy of the same shall be served on the petitioner.

¶6With the above observations, the writ petition stands disposed of.

¶7Interim order, if any, stands merged.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010002902022 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/158/2022o M/SoSSKoEXPORTSoLIMITEDo AoCOMPANYoDULYoREGISTEREDoUNDERoTHEoPROVISIONSoOFoTHEo COMPANIESoACT,o1956oHAVINGoITSoREGISTEREDoOFFICEoATo37,o SHAKESPEAREoSARANI,oKOLKATAo700017,oBEINGoREPRESENTEDoBYoONEo OFoITSoDIRECTORoSRIoASHOKoTRIVEDI VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,o DISPURoGUWAHATIo781019,oASSAM 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oREVENUEo(L.R)oDMoDEPARTMENT oDISPURoGUWAHATIo781006.ASSAM 3:THEoDEPUTYoCOMMISSIONER oJORHAT oASSAM 4:THEoADDITIONALoDEPUTYoCOMMISSIONER oJORHAT oASSAM 5:THEoCIRCLEoOFFICER oTEOKoREVENUEoCIRCLE oTEOK Page No.# 2/4 JORHAT ASSA Advocate for the Petitioner : MR G N SAHEWALLA, MS. S. TODI,MR M SAHEWALLA,MR. A CHETIA Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA