Meghalaya High Court Directs Single Judge To Amicably Settle Dispute Over Stone Configuration Believed To Be 'Shiva Linga'

The division bench of Meghalaya High Court recently referred a PIL to single judge bench, involving dispute regarding a stone configuration (believed to be 'Shiva Linga') in Mawjymbuin cave in Mawsynram, East Khasi Hills District, and requested that the single judge should make an effort to resolve the matter amicably through mediation/settlement.

The bench comprising Chief Justice I.P. Mukerji and Justice W. Diengdoh observed:

“We think it fit and proper that this public interest litigation is referred to the learned single judge in WP (C) No.275 of 2024. We order accordingly. Since religious land and religious sentiments are involved, his lordship is requested to make an effort to resolve the matter amicably through mediation/settlement.”

However, the bench further directed that in case of failure of mediated settlement, the single judge may refer the subject-matter of this PIL, to the District Council Court in the said suit filed by the vendors of the said property before it.

The Court was hearing a PIL involving a stone configuration in Mawjymbuin cave in Mawsynram, East Khasi Hills District, which a section of the local Khasi tribe believes to be a “Shiva Linga” or the deity Shiva of the Hindu religion.

The Court observed that the said cave has acquired substantial religious importance and hundreds of devotees visit this cave to offer “puja”.

There was execution and registration of a document dated May 14, 2015 before the Joint Registrar of Societies, East Khasi Hills District, Shillong, Meghalaya by the Syiem of Mawsynram and Dorbar and Shri Amossingstar Syiem Malngiang, Syiem of Mawsynram, Mawsynram Syiemship allegedly conveying the above property to the Seng Khasi Hima Mawsynram, Mawsynram Syiemship which was established at that place on February 25, 2012. It was noted by the Court that there is a claim of non Hindu tribes over the self-same property.

The vendors instituted a suit before the court of the Judge, District Council Court, Khasi Hills, Shillong, inter alia, claiming a declaration that the agreement dated May 14, 2015 is non est and void and for consequent protective orders with regard to the said religious property. It was alleged that there was no transfer of this property.

The Deputy Solicitor General appearing for the Union of India submitted that under sub-paragraph (1) of paragraph 4 of Schedule Six to the Constitution of India enacted under Articles 244 (2) and 275 (1), only the District Council Court was vested with the power to try suits and cases involving scheduled tribes.

The Court was also informed that there is a writ petition pending before the single judge of the High Court on a similar issue. In the said PIL, the single judge has formed a Committee to inquire into and resolve the issue involved.

Thus, the Court directed that the PIL be referred to the single judge hearing the said PIL. The Court further directed that the single judge to make an effort to resolve the matter amicably through mediation/settlement.

“Alternatively, we suggest that in case of failure of mediated settlement, the learned judge may refer the subject-matter of this PIL, to the District Council Court in the said suit filed by the vendors of the said property before it. The question whether the District Council Court has jurisdiction or not, may be directed to be tried as a preliminary issue and if the District Council Court comes to the conclusion that it has jurisdiction, it shall continue to hear the matter,” the Court said.

It was further directed that till the said writ petition is disposed of, the District Council Court shall only proceed to pass any interim order in the said suit after leave is taken by any interested party from the single judge.

Case Title: Seng Khasi Hima Mawsynram v. State of Meghalaya & Ors.

Case No.: PIL No. 3/2025

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