LAWS(GAU)-2012-1-57

G D TIE UP PVT LTD HAVING ITS REGISTERED OFFICE AT BUDGE BUDGE TRUNK ROAD Vs. STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM

Decided On January 19, 2012
G.D. TIE UP PVT. LTD Appellant
V/S
STATE OF ASSAM, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND D.M (L.R) DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. K. K. Bhattacharjee, learned advocate for the petitioner. Also heard Mr. B.J. Ghosh, learned Govt. Advocate, Assam for the respondent Nos. 1 to 7 and Mr. D. Baruah, learned counsel for the respondent No. 8.

(2.) The facts of the case as pleaded in the writ petition may be stated at the very outset.

(3.) The petitioner is a company registered under the Companies Act, 1956 carrying on the business of selling tea within the country and also engaged in the business of import and export of tea (hereafter referred to as the petitioner company ). It also carries on other businesses. The petitioner company entered into a memorandum of understanding (MOU) with M/S. Chandmari Tea Company Pvt. Ltd. (respondent No. 8 hereafter) on 31-5-2008 to purchase the Burrapahar Tea Estate belonging to the respondent No. 8. Pursuant to the said MOU, the petitioner company took over the possession and management of the Burrapahar Tea Estate (briefly the Tea Estate hereafter) with effect from 1-6-2008. Presently, the petitioner company is in possession and in control over the management and business of the Tea Estate.