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2021 Supreme(Gau) 198

SUDHANSHU DHULIA, ACHINTYA MALLA BUJOR BARUA
Janajati Belt And Block Bhummi Suraksha Samiti – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
S.K. Deori, Advocate, Somila, Advocate, R. Borpujari, Advocate, B.D. Goswami, Advocate

JUDGMENT

Sudhanshu Dhulia, C.J. - Heard Mr. S.K. Deori, learned counsel for the petitioners. Also heard Mr. R. Borpujari, learned standing counsel, Revenue & Disaster Management Department, appearing for the respondent Nos.2 to 5 and Mr. B.D. Goswami, learned senior counsel, appearing for the respondent Nos.6 & 7.

2. Under the Assam Land and Revenue Regulation, 1886 (from hereinafter referred to as the "Regulation"), certain special rights and privileges have been provided to certain backward classes (in Chapter X, which is titled as "Protection of Backward Classes"). Regulation 160 of the Regulation reads as under:-

"160. Protection of certain classes.- (1) Notwithstanding anything hereinbefore contained, the State Government may adopt such measures as it deems fit for the protection of those classes who on account of their primitive condition and lack of education or material advantages are incapable of looking after their welfare in so far as such welfare depends upon their having sufficient land for their maintenance.

(2) The State Government may, by notification in the Official Gazette, specify the classes of people whom it considers entitled to protection by such measures as afo

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