Meghalaya High Court Urges Amicable Settlement Of Dispute Over Alleged ‘Shiva Linga’ In Mawjymbuin Cave
The Meghalaya Excessive Court docket whereas referring the dispute regarding alleged ‘Shiva Linga’ in Mawjymbuin Cave to single bench has urged for an amicable answer to the matter as spiritual sentiments are concerned.
The Court docket was contemplating a Public Curiosity Litigation by an individual who imagine the the construction within the cave is a “Shiva Linga”.
The division bench of Justice IP Mukerji and Justice W. Diengdoh noticed, “We expect it match and correct that this public curiosity litigation is referred to the realized single choose in WP (C) No.275 of 2024. We order accordingly. Since spiritual land and spiritual sentiments are concerned, his lordship is requested to make an effort to resolve the matter amicably by way of mediation/settlement.”
The Petitioner appeared in-person whereas the Respondent was represented by Extra Advocate Basic N.D. Chullai.
Info of the Case
There was execution and registration of a doc by the Syiem of Mawsynram and Dorbar and Shri Amossingstar Syiem Malngiang, Syiem of Mawsynram, Mawsynram Syiemship allegedly conveying that the property in query to the Seng Khasi Hima Mawsynram, Mawsynram Syiemship which was established at that place on twenty fifth February, 2012. There’s a declare of non-Hindu tribes over the selfsame property
The Distributors instituted a swimsuit inter-alia, claiming a declaration that the stated settlement is non est and void and for consequent protecting orders with regard to the stated spiritual property. It was alleged that there was no switch of the property.
Counsel for the Petitioner cited Supreme Court docket’s ruling in Satya Pal Anand v. State of M.P. & Ors. (2016) to contend that the District Council Court docket had no energy to entertain, try to decide the swimsuit in query. Reference was additionally made to Khasi Hills Autonomous District Council v. State of Meghalaya & Ors.
Reasoning By Court docket
The Court docket rejected the competition for Counsel for the Petitioner and famous {that a} Writ Petition is pending earlier than the one choose and though, the Petitioner just isn’t the identical, the problem concerned is analogous.
It thus transferred the current Writ Petition and urged for amicable settlement of the problem since spiritual sentiments are concerned within the matter.
“Alternatively, we propose that in case of failure of mediated settlement, the realized choose could refer the subject-matter of this PIL, to the District Council Court docket within the stated swimsuit filed by the distributors of the stated property earlier than it. The query whether or not the District Council Court docket has jurisdiction or not, could also be directed to be tried as a preliminary subject and if the District Council Court docket involves the conclusion that it has jurisdiction, it shall proceed to listen to the matter,” the Court docket noticed.
The Petition was accordingly disposed of.
Trigger Title: Seng Khasi Hima Mawsynram, Mawsynram Syiemship vs. State of Meghalaya (2025:MLHC:548-DB)
Appearances:
Petitioner– In-person
Respondent– Extra Advocate Basic N.D. Chullai, Authorities Advocate Z.E. Nongkynrih, Deputy Solicitor Basic N. Mozika, Advocate Ok. Gurung, Advocate R. Majaw, Senior Advocate H.L. Shangreiso, Advocate T. Dkhar
