1. This case was placed before me for hearing on difference between Deka and Mehrotra, JJ.

2. The question raised in this case is whether a resumption of a leasehold by the State of Assam purporting to act under the provisions of the lease itself is remediable under the provisions of Art. 226 of the Constitution.

3. The facts have been dealt with elaborately in the judgment of Mr. Justice Mehrotra and I desire to state only a few of them just to make the judgment understandable. The Secretary of State for India - in - Council settled with one Captain E. N. Manley, 4.777 acres of land for ninety nine years on a premium of Rs. 716-8-9 on an annual revenue of Rs. 35-13-3 by document dated the 1st of April, 1907 and this document was signed by the Deputy Commissioner, United Khasi and Jaintia Hills, Shillong, on behalf of the lessor, the Secretary of State for India - in - Council.
On the 18th March, 1909, the land which is the subject - matter of the lease was pu