G. K. MITTER, I. D. DUA, J. M. SHELAT, S. M. SIKRI
State Of Meghalaya – Appellant
Versus
Ka Brhyien Kurkalang – Respondent
Judgment
SHELAT, J.:- These appeals, under certificate, arise out of the writ petitions filed by the respondents in the High Court of Asam and Nagaland, challenging the validity of the United Khasi-Jaintia Hills Districts (Application of Laws) Regulation, V of 1952 promulgated by the Governor of Assam under paragraph 19 (1) (b) of the Sixth Schedule to the Constitution, the notification, dated September 8, 1961, issued thereunder extending thereby the Eastern Bengal and Assam Excise Act, 1910 to the United Khasi-Jaintia Hills District, and the order of the Deputy Commissioner refusing renewal of a permit authorising the respondents to distil liquor from millet on the ground that there could not be a renewal of the original permit as that permit was issued by one who had no authority to issue it. The High Court allowed the writ petitions on the ground that the Governor had issued the said Regulation under the provisions of paragraph 19 (1)(b) which are transitional, that is, until a District Council for the area was constituted, which was done in June 1952, that once such a council was set up, he could not exercise the power under paragraph 19, that any regulation made thereunder cou
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