Meghalaya High Court: In a Public Interest Litigation (PIL) regarding a stone configuration found in the Mawjymbuin cave which was believed to be a ‘Shiva Linga’, the Division Bench of I.P. Mukerji, CJ* and W. Diengdoh, J, directed a Single Judge bench of the Court to attempt to resolve the matter amicably through mediated settlement.
The subject matter of the instant petition was the Mawjymbuin cave in the East Khasi Hills District of Mawsynram. A stone configuration was present in the cave which the people of the local Khasi tribe believed to be a ‘Shiva Linga’. The ‘Shiva Linga’ had acquired substantial religious importance with hundreds of devotees offering ‘puja’ in the cave.
A document dated 14-5-2015 was registered and executed before the Joint Registrar of Societies, East Khasi Hills, that allegedly conveyed the property of and around the Mawjymbuin cave to the Seng Khasi Hima Mawsynram, Mawsynram Syiemship. There was also a claim of non-Hindu tribes over the same property.
A suit had been instituted in the District Council Court, Khasi Hills, by certain vendors claiming a declaration that the agreement of 14-5-2015 was non est and void and for consequent protective orders regarding the subject matter property.
The Deputy Solicitor General who appeared for the Union of India referred to Schedule 6(4)(1) enacted under Articles 244(2) and 275(1) of the Constitution and stated that only the District Council Court was vested with the power to try suits and cases involving Scheduled Tribes. Per contra, the petitioner had relied on Supreme Court decisions to contend that the District Council Court had no jurisdiction to entertain, try and determine the suit.
The Court noted that a writ petition, filed by a different petitioner, on a substantially similar issue was already pending before a Single Judge bench of the Meghalaya High Court. A committee had been formulated by the Single Judge to inquire into the issue at hand and resolve it.
Accordingly, the Court in the instant petition, referred the PIL to the Single Judge bench of the Court, and directed the Single Judge to make an effort to resolve the matter amicably through mediated settlement since the issue revolved around religious land and religious sentiments were involved.
The Court further suggested that in case of failure of mediated settlement, the Single Judge may refer the subject-matter of the present PIL to the District Council Court in the suit filed by the vendors of the property. The question of jurisdiction of the District Council Court was left open, to be decided by the District Council Court as a preliminary issue.
Accordingly, the PIL was disposed of.
[Seng Khasi Hima Mawsynram, Mawsynram Syiemship v. State of Meghalaya, 2025 SCC OnLine Megh 672, decided on 26-6-2025]
Order by: Chief Justice I.P. Mukerji
Advocates who appeared in this case :
For the Respondent: N.D. Chullai (AAG), Z.E. Nongkynrih (GA), N. Mozika (DSG), H.L. Shangreiso (Senior Advocate), K. Gurung, R. Majaw, T. Dkhar, Advocates
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