SUSHIL TEA PRIVATE LIMITED v. THE STATE OF WEST BENGAL AND ORS
WPA/2314/2025 · 2026-01-06
Shampa Sarkar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12224 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12224 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Item No.3 06.01.2026 Court. No. 2
GB
CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE JURISDICTION
WPA 2314 of 2025
Sushil Tea Private Limited VS The State of West Bengal & Ors. Mr. Milindo Paul, Mr. Nabankur Paul, Ms. Sutapa Sen Paul, Ms. Bedashruit Bose, Mr. Subham Das, Mr. Bodhisatya Ghosh … for the Petitioner. Mr. J. Chowdhury, Mr. Subir Kumar Saha, Mr. Pradip Sarkar … for the State. 1. Affidavit-of-service filed in Court today, is taken on record. 2. The petitioner prays for long term settlement of Red Bank Tea Garden and Surendranagar Tea Garden in favour of M/s. Sushil Tea Private Limited. 3. The petitioner submits that although the petitioner was always interested in obtaining a long term lease, at the suggestion of the authorities, the petitioner also applied for a short term lease. The petitioner has relied upon various documents to show the steps that have been taken to revive the tea gardens and the investments that were made
2 for the purpose of payment of P.F. and arrear wages of workers, establishment of a primary school and junior high school in the tea gardens, maintenance and repair work, extension of medical facilities, extension of drinking water facilities, construction of latrines and urinals in the tea gardens. The application for long term lease was made sometime in 2022 and the application for short time lease was made in 2025, but till date the respondents have not taken any steps. 4. Learned advocate for the respondents submits that steps were taken locally, and the District Magistrate and the Collector, Jalpaiguri Touzi Section, forwarded the prayer of the petitioner to the Joint Secretary, Government of West Bengal, Land and Land Reforms and R.R. and R. Department for necessary action. The approval sought by the District Magistrate, Jalpaiguri has not yet been provided by the Joint Secretary to the Government of West Bengal. 5. The matter is pending before the said authority since March 7, 2024 I do not find any reason why the matter has been kept pending for such a long time. The communication of the District Magistrate dated March 7, 2024 is elaborate and the District Magistrate has stated in details the steps that have been taken by the petitioner for
3 revival, sustenance, maintenance and welfare of the gardens and the workers.
A senior official has not bothered to respond to the said letter of the District Magistrate. 6. Under such circumstances, the writ petition is disposed of with a direction upon the Joint Secretary to the Government of West Bengal, Land and Land Reforms and R.R. and R. Department to dispose of the issue pending, on the basis of the letter of the District Magistrate dated March 7, 2024 and upon taking into consideration the steps that have been taken by the petitioner in this regard. 7. This Court cannot help but, notice that pendency of these issues actually impact the economy of the tea growing districts and also the right to livelihood of the tea garden workers. The decision shall be taken within a period of four weeks from date and communicated to the concerned District Magistrate. The District Magistrate then shall take steps in accordance with law. 8. Accordingly, the writ petition is disposed of. 9. Parties are directed to act on the basis of the server copy of this order. (Shampa Sarkar, J.)