By these petitions the validity of the United Khasi-Jaintia Hills District (Application of Laws) Regulation, 1952 (Regulation No. V of 1952) and the notification issued by the Governor of Assam in the year 1961 under the said Regulation has been challenged

(2) Briefly the facts are that the peti­tioners are residents of the United Khasi and Jaintia Hills District. They possess still for preparation of liquor from millet. The peti­tioners obtained some permits from one Jor Manik who was the Siem of Mylliem. The petitioners resolved an order passed by the Superintendent of Excise, United Khasi and Jaintia Hills to the effect that as the permits were from the unauthorised person inasmuch as Mr. Jor Manik was not a duly appointed Siem of Mylliem, those permits could not be renewed and further that the petitioners should stop their still with immediate effect. The permits granted by the acting Siem were, how­ever, not disturbed. The acting Siem, accord­ing to the petitioners, had been realising excise duty or fee 01 tax from the still producing liquor. The letter sent by the Superintendent of Excise, United Khasi and Jaintia Hills say that the application of the petitioner for renewal of his still license cannot be consider­ed as he was producing liquor under an invalid license issued by unauthorised persons and the petitioner was asked to stop distilling liquor immediately.

(3) In the counter-affidavit it Is staled that the order was in fact passed by the Deputy Commissioner It was only communicated to the petitioners by the Superintendent of Excise, United Khasi-Jaintia Hills, Shillong.

(4) Mainly the point raised by the peti­tioners is that the Eastern Bengal and Assam Excise Act, 1910 has not been extended to the United Khasi-Jaintia Hills District and as such there is no provision of law under which the petitioners can be restrained from producing liquor and that the acting Siem had no power of realising excise duty from the petitioner. It is necessary to set out the back-ground under which the notification dated the 8th September 1961 has been issued by the Governor of Assam extending the provisions of the Eastern Bengal and Assam Excise Act, 1910 to the United Khasi Jaintia Hills District.

(5) Prior to the 15th August 1947 the Khasi States had twenty-five Chiefs who had limited powers. After India became a Dominion on the 15th August 1947 the paramountcy of the British Government lapsed and a Federation was established by the Chiefs. On the 17th August 1947 the Instru­ment of Accession by these twenty-five Chiefs was accepted by the Governor-General of India and this brought about a new relationship between the Chiefs and the Government of India. The Chiefs under this Instrument acceded to the Dominion of India by which all existing arrangements between the Govern­ment of India and the State of Assam on the one hand and the Khasi States on the other continued to be in force until new or modi­fied arrangements were made subject to certain exceptions as to judicial and administrative powers. So far as administra­tive powers were concerned. only excise, forests, land and water rights and the revenue derived therefrom were excepled and the rest of the functions were to be common with the Central or the State Government

In the matter of legislation, the Dominion Legislature and the Assam Legislature had the power to pass laws concerning subjects of common interest with the proviso that some machinery should be devised for representa­tion in the Assam legislature. This position continued till the Constitution came into force on the 26th January, 1950 By the Constitu­tion the Khasi Stales were merged into the State of Assam and the power of the Chiefs so far as administration is concerned, came to an end. By Article 244(2) of the Constitu­tion special provisions contained in the Sixth Schedule thereof were to apply to the administration of the Tribal Areas in the State of Assam. Thus, after the Constitution came into fo