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2025 DAILYLAW 24188 (GAU)

ASITPUR TEA ESTATE AND ANR v. THE ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION ATEPFO AND 2 ORS

WA/367/2025 · 2025-12-16

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010224282025 2025:GAU-AS:17456-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/367/2025 1: ASITPUR TEA ESTATE AND ANR DIBRUGARH. P.O- TENGAKHAT, P.S- DIBRUGARH SADAR, DISTRICT- DIBRUGARH, ASSAM PIN- 7861003 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER CEO SHRI ATISH CHANDRA BAGCHI. 2: ATISH CHANDRA BAGCHI SON OF LATE AJIT CHANDRA BAGCHI RESIDENTS OF ASHIT BHAWAN MANCOTTA ROAD NEAR OVER BRIDGE P.O- DIBRUGARH P.S- DIBRUGARH SADAR DISTRICT- DIBRUGARH ASSAM PIN- 786100 VERSUS 1: THE ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANIZATION ATEPFO AND 2 ORS FORMALLY KNOWN AS TEA PLANTATION PROVIDENT FUND PENSION FUND SCHEMES DLI SCHEMES, NIDHI BHAWAN, LALMATI, BASHISTHA, NH 37, GUWAHATI, ASSAM PIN 781029 REPRESENTED BY ITS SECRETARY CUM PROVIDENT FUND COMMISSIONER, ATPPF AND PF SCHEMES, NIDHI BHAWAN, LALMATI, BASISTHA, NH 37, GUWAHATI, ASSAM, PIN 781029 2:THE AUTHORIZE OFFICER ASSAM TEA EMPLOYEES PROVIDENT ORGANIZATION FUND ATEPFO NIDHI BHAWAN LALMATI BASISTHA GUWAHATI ASSAM PIN CODE- 781029 3:THE RECOVERY OFFICER ASSAM TEA EMPLOYEES PROVIDENT ORGANIZATION FUND DIBRUGARH ZONE MILAN NAGARWEST P.O- CR BUILDING 9 DIBRUGARH P.S- DIBRUGARH SADAR DIST- DIBRUGARH PIN- 78600 For the Appellant(s) : Mr. A.K. Purkayastha, Advocate. For the Respondent(s) : Mr. R. Sarmah, Advocate for respondent Nos.1, 2 & 3. Page No.# 2/3 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 17.12.2025 (Ashutosh Kumar, CJ) We have heard Mr. A.K. Purkayastha, learned Advocate for the appellants and Mr. R. Sarma, learned Advocate for the respondent Nos.1, 2 & 3. The appellants, who are the owners of Asitpur Tea Estate in Assam, are aggrieved by the interim order dated 29.08.2025 passed by a learned Single Judge of this Court in WP(C) No.1539/2025, whereby it has been provided that only upon deposit of 50% of the dues receivable as on date that the Court will consider the prayer of the appellants/writ petitioners for permission to sell a part of the Tea Estate involved. The Assam Tea Employees Provident Fund Organization (ATEPFO) appears to have attached the entire 1569 Bighas of the Tea Estate belonging to the appellants on 31.12.2021. The contention of the appellants is that the claim made by ATEPFO is over inflated and the attachment of the entire Tea Estate is grossly disproportionate as the real value of the Tea Estate would be approximately fifteen to twenty times more than the dues which are also disputed by the appellants/writ petitioners. Mr. R. Sarmah, learned Advocate for the respondent Nos.1, 2 & 3 submits that a Tea Estate cannot be sold without the permission of the Revenue Department and the appellants/writ petitioners have never approached the Revenue Department for the same. In that case, the writ petition itself was not maintainable. Page No.# 3/3 In the facts of this case, we but deem it appropriate to dispose off the appeal with a request to the learned Single Judge to dispose of the writ petition expeditiously. The appellants/writ petitioners are granted liberty to make a mention before the learned Single Judge for an early listing of the afore- noted writ petition. JUDGE CHIEF JUSTICE Comparing Assistant