Page No.# 1/5 GAHC010108712016 2025:GAU-AS:3348 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1706/2016 ARUP JYOTI DAS and 2 ORS S/O SHRI MANORANJAN DAS, R/O LAKHI MANDIR, BELTOLA, GHY-28, DIST- KAMRUP METRO, ASSAM 2: VIKRAM RAJKHOWA S/O SRI JYOTI PRASAD RAJKHOWA R/O NARIKAL BASTI MOTHER TERESA ROAD GHY-24 DIST- KAMRUP METRO ASSAM 3: BHASKAR SENAPATI S/O SRI AJIT NARAYAN SENAPATI R/O DADARA P.S. HAJO DIST- KAMRUP RURAL ASSA VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, SACHIVALAYA, DISPUR, GHY-6 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF REVENUE RELIEF AND REHABILITATION SACHIVALAYA DISPUR GHY-6 3:THE SECY. TO THE GOVT.OF ASSAM DEPTT. OF WELFARE OF PLAINS TRIBES AND BACKWARD CLASSES Page No.# 2/5 GOVT. OF ASSAM SACHIVALAYA DISPUR GHY-6 4:THE DIRECTOR DEPTT. OF WELFARE OF PLAINS TRIBES AND BACKWARD CLASSES GOVT. OF ASSAM SACHIVALAYA DISPUR GHY- Advocate for the Petitioner : MS. P BORAH, MR. D GOGOI,MR. S BORTHAKUR Advocate for the Respondent : MR R DHAR, SC, WPT & BC, SC, REVENUE,GA, ASSAM BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 25-03-2025 1. Heard Mr. S. Dey, learned counsel for the petitioners and Ms. U. Das, learned State counsel for the respondent No. 1. Also heard Mr. S. Dutta, learned Standing counsel, Revenue Department for the respondent No. 2. 2. The present writ petition is filed with following prayers:- (i) Include the indigenous Koch-Rajbongshi people of Assam in its entirety, in the list of classes entitled to protection in all the TRIBAL Belts and Blocks of Assam as envisaged under Chapter-X of the Assam Land and Revenue Regulations, 1886, and not just in the four districts of Dhubri, Kokrajhar, Goalpara and Bongaigaon and/or (ii) As to why an appropriate writ , order or direction Page No.# 3/5 should not be issued declaring the failure of the respondents to declare /notify the entire Koch-Rajbongshi people as protected class in all the Tribal Belts and Blocks as unconstitutional and unfair. 3. The State has filed an affidavit through the Joint Secretary to the Government of Assam, Revenue and Disaster Management Department. 4. Para-5 of the aforesaid affidavit being relevant is quoted herein below:- “ That with regard to the statement made in paragraphs 3 and 4 of the writ petition, the deponent states that it is a historical fact that during 1930s, the impact of the large number of migrants and other people mostly from Eastern parts of Bengal were felt, though the migrations tot eh Char areas and the sparsely populated parts of Assam were continuing from decades before. The District Officials to maintain peace and order were forced to delimit certain areas as ‘closed’ to the immigrants and non-tribals by means of imaginary lines so as to protect the predominantly tribal-inhabited areas. This was popularly known as “Line System.” It however, did not work satisfactorily. A controversy was raised by some sections of the people over the retention of the “Line System.” In 1936, the Government formed a Committee with Mr. Hockenhull as Chairman to enquire into the working of the “Line System”. The Committee in its report in 1936 recommended ejectment of unauthorized occupants form so called “closed villages”, precursors of protected belts and blocks. The Committee also recommended enlargement of the prohibited areas for protection of the backward communities from the outsiders. In 1939, the Government, after considering suggestions of the Line System Committee, decided that the whole Mouzas or compact parts of the Mouzas predominantly inhabited by the tribals and other backward classes should be constituted as protected areas. In early 1945, the Government included a paragraph in the “Resolution of Land Settlement” published under No. RD.68/55/52 dated 15th January 1945, for providing protection to the tribals and other backward classes of the people. The Page No.# 4/5 paragraph read as follows: “13. Special provision will be made for protection of the tribal classes by constituting a tribal belt in the sub-montane tract where they predominate.” Finally in July, 1945 the Government adopted a Resolution No. RD.68/44, dated 13th July, 1945 for protection of tribal classes of people in areas predominantly in habited by them against aggression from outside elements. The Resolution laid down a guidance that all the villages in which the percentage of the tribal classes of people exceeded 50% over the total population of those villages should be marked on the map and tribal belts or blocks as the case may be in the sub- montane area should be constituted by issuing notification to the effect for safeguarding interests of the tribal and other backward classes of people living there. In 1947, a new chapter i.e. Chapter-X was adopted to ALRR, 1886. At different times, different categories of people were notified as backward classes for the purposes of Chapter-X of ALRR, 1886. In between, 1947-1951, as many as 31 protected belts and blocks were constituted. Now, there are 47 belts and blocks throughout the State of Assam. At different times, tribal block and belts were created to safeguard the interest of backward classes. In pursuance of the 1945 Resolution, the Assam Land and Revenue Regulation, 1886, was amended in 1947 by adding a new Chapter Chapter-X, providing for welfare and protection of certain backward classes so far as land settlement and allied matters are concerned.” 5. Yet another additional affidavit-in-opposition was filed by the respondent No. 2 and following stand is taken at Para-5 of the additional affidavit-in-opposition:- “in order to facilitate the inclusion of Koch-Rajbongshi as a protected class in the Tribal Belt and Block of Assam, a letter has been sent to all District Commissioners for submission of village/category wise population, percentage of population and up-to-date information of Koch-Rajbongshi community as well as other protected class namely ST, SC, TEA-Gardens Tribals, Santhal, Page No.# 5/5 Indigenous Nath (Yogi) community etc. in the Tribal Belts and Blocks of their district vide Department’s letter No. ECF.13953/2024/342 dated 14.10.2024. Till date i.e., 23.10.2024, 4 (four) District Commissioners of the districts i.e., Charaideo, Dhubri, Dibrugarh and Majuli have submitted their report. The deponent respectfully states that once the reports as sought for from all District Commissioners of Assam are received, the Cabinet Memorandum for inclusion of Koch Rajbongshi people as protected class in Tribal Belt and Block of Assam will be placed before the Hon’ble Cabinet.” 6. In the backdrop of pleadings and the stand taken by the State authorities, this Court is of the opinion that no writ of mandamus, can be issued as prayed for. 7. In view of the aforesaid, this Court is also of the opinion that this writ petition should be closed without commenting on merits of the claim of the petitioners. The State respondents shall always be at liberty to take appropriate decision in this regard inasmuch as in terms of their affidavit, they have already considered the claim of the petitioners. 8. With the above observation, this writ petition stands disposed of. JUDGE Comparing Assistant