Meghalaya High Court
Date Of Order :26.06.2025 vs State Of Meghalaya on 26 June, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
2025:MLHC:548-DB
Serial No.05
Daily List
HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No.3/2025
Date of Order :26.06.2025
Seng Khasi Hima Mawsynram, Mawsynram Syiemship represented by its
President Shri Tyllilang Myrthong. ...... Petitioner
Vs.
1. State of Meghalaya, represented by the Chief Secretary, Government of
Meghalaya, Meghalaya Civil Secretariat, Shillong-793001 Meghalaya,
Bharat.
2. Ministry of Home Affairs, Government of India, Address North Block,
New Delhi-110001, India (represented by the Union Home Secretary).
3. Ministry of Personnel, Public Grievances and Pensions, Department of
Personnel and Training, Government of India, North Block, New Delhi-
110001 (represented by the Secretary).
4. Principal Secretary, Home (Police/Political) Department, Government of
Meghalaya, Shillong-793001.
5. The Commissioner and Secretary to the Hon'ble Chief Minister,
Government of Meghalaya, Meghalaya Civil Secretariat, Shillong.
6. The Commissioner and Secretary, Tourism Department, Government of
Meghalaya, Meghalaya Civil Secretariat.
7. The Secretary, Revenue and Disaster Management Department,
Government of Meghalaya, Shillong-793001.
8. Shri Cyril Diengdoh, IAS, Director of Tourism, office of the Directorate
of Tourism, Government of Meghalaya, Nokrek Building, 3rd Secretariat
Lower Lachumiere, Shillong, Bharat.
9. The Director General of Police, Government of Meghalaya, Police
Headquarters, Secretariat Hills, Shillong-793001, Meghalaya.
10. The Deputy Commissioner-cum-District Magistrate, East Khasi Hills
District, Shillong-793001, Meghalaya Bharat.
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11. The District Registrar Shillong office of the Deputy Commissioner, East
Khasi Hills District, Shillong-793001 Meghalaya Bharat.
12. The Superintendent of Police, East Khasi Hills District, Shillong-
793001, Meghalaya Bharat.
13. The Chief Engineer, PWD (Roads), Government of Meghalaya,
Shillong, Lower Lachumiere, Shillong.
14. Khasi Hills Autonomous District Council through the Secretary to the
Executive Committee, KHADC, Shillong-793002, Meghalaya Bharat.
15. Shri D.S. Marbaniang, Presiding Officer, Subordinate District Council
Court, Khasi Hills Autonomous District Council, Shillong.
16. Office of the Syiem of Hima Mawsynram Syiemship, Mawsynram
village, P.O. Mawsynram-793113, East Khasi Hills District, Meghalaya.
17. Headman/Rangbah Shnong Dorbar Shnong Mawsynram, Mawsynram
Syiemship, P.O. Mawsynram-793113, East Khasi Hills District, Meghalaya.
...... Respondents
Coram:
Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner : In-person
For the Respondents : Mr. N.D. Chullai, AAG with
Ms. Z.E. Nongkynrih, GA
Dr. N. Mozika, DSG with
Ms. K. Gurung, Adv
Mr. R. Majaw, Adv for R/16
Mr. H.L. Shangreiso, Sr.Adv with
Mr. T. Dkhar, Adv for R/17
F
i) Whether approved for Yes
reporting in Law journals etc.:
ii) Whether approved for publication Yes
in press:
Note: For proper public information and transparency, any media
reporting this judgment is directed to mention the composition of
the bench by name of judges, while reporting this
judgment/order.
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JUDGMENT:
(per the Hon’ble, the Chief Justice) (Oral)
In the ordinary course of things, this is not a public interest
litigation but if one has a close look at the facts and the surrounding state
of affairs, significant public interest seems to be involved.
The subject-matter of dispute is a Mawjymbuin cave in
Mawsynram, East Khasi Hills District. There is a stone configuration
there. The petitioner and a section of the local Khasi tribe supporting him
believe that this is “Shiva Linga” or the deity Shiva of the Hindu
religion. The cave has acquired substantial religious importance. There is
no dispute that hundreds of devotees visit this cave to offer “puja”.
There was execution and registration of a document dated 14th
May, 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 25th February, 2012. There is a claim of non-
Hindu tribes over the selfsame property.
Now, it appears that the vendors have instituted a suit before the
court of the learned Judge, District Council Court, Khasi Hills, Shillong,
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inter alia, claiming a declaration that the agreement dated 14th May, 2015
is non est and void and for consequent protective orders with regard to
the said religious property. It is alleged that there was no transfer of this
property.
The petitioner appearing in person cited the judgment of the
Supreme Court in Civil Appeal No.6673 of 2014 – Satya Pal Anand v.
State of M.P. & ors decided on 26th October, 2016 to contend that the
District Council Court had no power to entertain, try and determine the
suit in question. He also cited Khasi Hills Autonomous District Council
v. State of Meghalaya & ors decided by the same Court on 12th
February, 2016.
We fail to understand how either of the two cases has any
relevance to the case of the petitioner. The first judgment only said that
once the registering authority had registered a document, it had no power
to cancel it (see paragraph 28 of the judgment).
On the second decision, headmen in the areas in Meghalaya
covered by Schedule Six of the Constitution were allowed to continue.
On the other hand, Dr. Mozika, learned Deputy Solicitor General
appearing for the Union of India has shown us sub-paragraph (1) of
paragraph 4 of Schedule Six to the Constitution of India enacted under
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Articles 244 (2) and 275 (1) thereof. He said that only the District
Council Court was vested with the power to try suits and cases involving
scheduled tribes.
Apart from this, we are told that there is a writ petition [WP (C)
No.275 of 2024] pending before the learned single judge of this Court.
Although, the petitioner is not the same, the issue involved is similar.
The learned judge, we are told has formed a Committee to inquire into
and resolve the issue involved.
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.
The petitioner in this PIL is added as a party in that writ petition
[WP (C) No.275 of 2024]. The Registry is to effect the necessary
amendment in the cause title within one week from date. A copy of the
amended cause title may be circulated to all the parties in that litigation.
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
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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.
Till the writ petition [WP (C) No.275 of 2024] 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 learned
single judge.
With the above observations, this PIL is disposed of.
(W. Diengdoh) (I.P. Mukerji)
Judge Chief Justice
Meghalaya
26.06.2025
"Lam DR-PS"
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Signature Not Verified
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2025.06.26 08:07:04 IST