AI Structured Summary
Not yet generated for this judgment
Judgment
Aparesh Kumar Singh, CJ
Let WP(C) No.356 of 2023 be tagged along with the instant petition as they both relate to the same petitioner.
Petitioner has sought quashing of order dated 22.01.2016 in Case No.28/Rev/Secy/2015 passed by the Revenue Secretary, respondent No.02 and sought restoration of the tea estate to its position prior to 22.01.2016 in WP(C) No.355 of 2023. In WP(C) No.356 of 2023, the petitioner has challenged the order dated 23.03.2022 in Case No.02/Rev/Secy/2021 and order dated 23.11.2025 in Case No.08/Rev/PS/2015 passed by the Revenue Secretary and also sought restoration of the tea estate to its position prior to 23.11.2015. In both the cases, petitioner claims the locus to challenge the impugned orders on the basis of a Power of Attorney executed by the erstwhile tea company in favour of Mrs. Rajia Begum in both the cases. However, the document of transfer of title is not on record as it is the petitioner Sunshine Tea Processing Co. Limited which is pursuing the litigation.
Learned Advocate General has taken serious preliminary objection to the maintainability of the writ petition questioning the locus of the petitioner company to seek quashing of the order of withdrawal of exemption granted to the erstwhile tea company in 1975. Therefore, learned counsel for the petitioner seeks time.
Accordingly, as prayed for by learned counsel for petitioner matters are adjourned to be listed on 26.07.2023.