M/S Joonktollee Tea and Industries Limited v. The State of Assam and 6 Ors

O R D E R

30.08.2023

The instant writ petition has been filed seeking a writ in the nature of mandamus directing the respondent authorities to grant mutation in favour of Page No.# 3/6 the petitioner in respect of the land measuring 2531 bighas 3 kathas 2 lechas covered by various Dag and Patta numbers situated at Village-Rajgarh, Naharkatia, Mouza-Tingkhong in the district of Dibrugarh (for short, 'the said lands'); a writ in the nature of mandamus directing the respondent No.7 not to cancel the Tea Board Licence of the petitioner; a writ in the nature of mandamus directing the respondent No.7 to pay the subsidy amount sanctions in favour of the petitioner under the Tea Development and Promotion Scheme to the petitioner.

¶2Mr. B. Dutta, the learned senior counsel for the petitioner, upon instructions, submits that the relief as regards a direction for granting the mutation would serve the purpose and the petitioner would not insist in respect to the other reliefs and the petitioner would take appropriate steps before the Respondent Tea Board.

¶3The facts involved in the instant case are that pursuant to a scheme of arrangement under Section 391 (2) and 394 of the Companies Act, 1956, the Company named Shyam Sundar Tea Company Private Limited was amalgamated with the petitioner Company along with its associate companies. The said order of amalgamation was passed by this Court on 19.09.2008 in Company Petition No.11/2009.

¶4This Court has also duly taken note of the order dated 19.09.2008 passed by this Court in Company Petition No.11/2007 and Company Application No.5/2007 whereby all properties of M/s Shyam Sundar Tea Company Pvt. Ltd. including those specified in the Part I, Part II and Part III of the Schedule of Assets of Shyam Sundar tea Company Pvt. Ltd. stood transferred with effect from the appointed date, i.e. 30.09.2006 to the petitioner Company. From the scheme of amalgamation as enclosed as Page No.# 4/6 Annexure-4 to the writ petition, the said lands by operation of law and the order being passed by this Court dated 19.09.2008 stood transferred in favour of the petitioner Company, w.e.f. 30.09.2006.

¶5The record further shows that the petitioner filed an application seeking mutation of the said land on the basis of the order so passed by this Court dated 19.09.2008. The said mutation application was registered as Grant Mutation Case No.62/2009. However, the respondent authorities, on account of a communication dated 26.03.2001, had not granted the permission to the Revenue Authorities for granting the mutation in favour of the petitioner. It is under such circumstances, the petitioner has approached this Court under Article 226 of the Constitution.

¶6Taking into account that the only reason why the petitioner's mutation had not been granted is the communication dated 26.03.2001, this Court finds it relevant to take note of the said communication. It transpires from the said communication that the said communication was issued as it had come to the notice of the Government of Assam that some Tea Gardens have been alienated by way of sale/gift etc. without following the rules stipulated vide letter dated 04.08.1995 and W.T. Message dated 05.03.1997. It was further mentioned that in some cases the Deputy Commissioners/Sub Divisional Officers (Civil) had reportedly allowed permission for transfer without referring the same to the Government. It was mentioned that prior approval from the Government would be mandatory in all cases and cases where such alienations have taken place, the matter may be referred to the Government in the Revenue Department for examination and approval before allowing the mutation. It was further mentioned in the said communication that when an application is received for alienation, the Deputy Commissioners/Sub Divisional Officers are required to submit detailed field verification report covering inter-Page No.# 5/6 alia the various points detailed therein.

¶7Upon perusal of the said communication, it would be seen that it would only apply in cases where there is an alienation to be carried out by way of sale/gift etc. However, when the Companies Act, 1956 provides the mode by which Companies can enter into a scheme of arrangement and on the basis of such scheme of arrangement stipulated under Sections 391 to 394 read with Companies (Court) Rules, 1959, such scheme had been approved, it is the opinion of this Court that the said communication dated 26.03.2001 shall not come in the way in granting the mutation in favour of the petitioner herein in as much as by operation of law as well as by virtue of the order of the this Court dated 19.09.2008, the M/s Shyam Sundar Tea Company Pvt. Ltd.stood amalgamated with the petitioner Company along with all its assets and liabilities.

¶8Considering the above, this Court, therefore, directs the respondent authorities, more particularly, the District Commissioner, Dibrugarh to grant the mutation in favour of the petitioner in respect to the land which stood transferred by operation of law on the basis of the scheme of amalgamation which was approved by this Court vide order dated 19.09.2008 in Company Petition No.11/2007. The same be done within a period of 3 (three) months from the date a certified copy of the instant order is served upon the District Commissioner, Dibrugarh.

¶9Before concluding, this Court further finds it relevant to take note of the submission made by Mr. B. Dutta, the learned senior counsel for the petitioner to the effect that a direction may also be given to the Revenue Authority. It is the opinion of this Court that when a communication dated 26.03.2001 is not applicable and would not come in the way of granting mutation in favour of Page No.# 6/6 the petitioner for the reasons above mentioned, no direction is required to be given to the Revenue Department, Government of Assam.

¶10With the above observation and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010168102020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o oooooooooooooooooooooooooooooooooooCaseoNo.:oWP(C)/4934/2020 M/SoJOONKTOLLEEoTEAoANDoINDUSTRIESoLIMITED AoCOMPANYoINCORPORATEDoUNDERoTHEoPROVISIONoOFoTHEoCOMPANIESo ACT o1956oHAVINGoITSoREGD.oOFFICEoATo21 oSTRANDoROAD oKOLKATA-o700001 oWESToBENGAL oREP.oBYoITSoDULYoCONSTITUTEDoATTORNEY/oAUTHORIZEDo REPRESENTATIVE oNAMELY oSRIoDEEPAKoMEHTA oAGEDoABOUTo63oYEARS oS/O-oLT.oKAILASHoNATHoMEHTA oR/O-oSCOToVILAoNO.o2 oGREENoCOUNTRY oUNIVERSITYoROAD oLADHEWALIoSUCHIoPIND oP.O.oCHOGITTI-o144009 oJALANDHAR oPUNJAB oVERSUS THEoSTATEoOFoASSAMoANDo6oORS REP.oBYoITSoPRINCIPALoSECY.oOFoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoDEPTT. oDISPUR oGHY-06 2:THEoPRINCIPALoSECRETARY REVENUEoANDoDISASTERoDEPTT. oASSAM oDISPUR Page No.# 2/6 GHY-06 3:THE JOINT SECRETARY REVENUE AND DISASTER DEPTT. ASSAM DISPUR GHY-06 4:THE DY. COMMISSIONER DIBRUGARH DIST.- DIBRUGARH ASSAM PIN- 786001 5:THE ADDL. DY. COMMISSIONER DIBRUGARH DIST.- DIBRUGARH ASSAM PIN- 786001 6:THE CIRCLE OFFICER TINGKHONG REVENUE CIRCLE DIST.- DIBRUGARH ASSAM PIN- 786001 7:THE TEA BOARD REP. BY ITS DY. CHAIRMAN 14 B.T.M SARANI KOLKATA 700001 WEST BENGAL ------------ For the petitioner (s) : Mr. B. Dutta, Sr. Advocate Mr. S. Deka, Advocate For the respondent (s) : Mr. Mr. R. Borpujari, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH