Religious Sentiments Involved: Meghalaya High Court Urges Amicable Settlement Of Dispute Over Alleged 'Shiva Linga' In Mawjymbuin Cave

The Meghalaya High Court while referring the dispute concerning alleged 'Shiva Linga' in Mawjymbuin Cave to single bench has urged for an amicable solution to the matter as religious sentiments are involved.

The Court was considering a Public Interest Litigation by a person who believe the the structure in the cave is a “Shiva Linga”.

The division bench of Justice IP 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."

The Petitioner appeared in-person while the Respondent was represented by Additional Advocate General N.D. Chullai.

Facts of the Case

There was execution and registration of a document by the Syiem of Mawsynram and Dorbar and Shri Amossingstar Syiem Malngiang, Syiem of Mawsynram, Mawsynram Syiemship allegedly conveying that the property in question 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

The Vendors instituted a suit inter-alia, claiming a declaration that the said agreement 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 the property.

Counsel for the Petitioner cited Supreme Court's ruling in Satya Pal Anand v. State of M.P. & Ors. (2016) to contend that the District Council Court had no power to entertain, try and determine the suit in question. Reference was also made to Khasi Hills Autonomous District Council v. State of Meghalaya & Ors.

Reasoning By Court 

The Court rejected the contention for Counsel for the Petitioner and noted that a Writ Petition is pending before the single judge and although, the Petitioner is not the same, the issue involved is similar.

It thus transferred the present Writ Petition and urged for amicable settlement of the issue since religious sentiments are involved in the matter.

"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 observed.

The Petition was accordingly disposed of.

Cause Title: Seng Khasi Hima Mawsynram, Mawsynram Syiemship vs. State of Meghalaya (2025:MLHC:548-DB)

Appearances:

Petitioner- In-person

Respondent- Additional Advocate General N.D. Chullai, Government Advocate Z.E. Nongkynrih, Deputy Solicitor General N. Mozika, Advocate K. Gurung, Advocate R. Majaw, Senior Advocate H.L. Shangreiso, Advocate T. Dkhar

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