The Meghalaya High Court disposed of a PIL filed for seeking intervention in a religious land dispute concerning the Mawjymbuin cave in Mawsynram, which has significant religious importance for local Khasi communities and Hindu devotees alike. The petitioner claimed the cave houses a Shiva Linga-like formation and challenged an ongoing suit before the District Council Court concerning the ownership and transfer of the property.
The PIL questioned the jurisdiction of the District Council Court over the matter, citing Supreme Court precedents. However, the bench of Chief Justice I.P. Mukerji and Justice W. Diengdoh held that the dispute involves complex religious sentiments and tribal rights, and that jurisdictional issues could be addressed by the District Council Court itself.
The Court noted that a similar writ petition (WP(C) No. 275 of 2024) is pending before a single judge and has already led to the formation of a committee to mediate and resolve the issue. To avoid conflicting proceedings and promote resolution, the Court transferred the PIL to be heard along with the pending case and directed the Registry to add the PIL petitioner as a party in that matter.
The Court emphasized that if mediation fails, the jurisdiction question may be tried as a preliminary issue in the District Council Court. Meanwhile, no interim orders are to be passed in the civil suit without leave from the single judge, thereby preserving the sanctity of the ongoing proceedings.
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
Read Order
