Shillong, May 13: High Court of Meghalaya on Tuesday took up a PIL on possession of land claimed by Hima Mawsynram.
The complaint was filed by Seng Khasi Hima Mawsynram (SKHM) president Tyllilang Myrthong against the alleged attempt to prevent them from carrying out their age-old religious practices on a piece of land in Mawsynram village in East Khasi Hills.
The bench comprising Chief Justice IP Mukerji and Justice W Diengdoh said the petitioner belongs to select members of Khasi tribe known as Niam Khasi and profess to practice Hindu Sanatan Dharma.
According to the court, there is a serious dispute between two groups , also belonging to the Khasi tribe, Syiem of Hima Mawsynram, Mawsynram Syiemship, over a piece and parcel of land and property in Mawsynram village.
The land is under the control of the Headman or Rangbah Shnong Dorbar, Mawsynram.
Myrthong, while appearing in person, submitted that the latter section of Khasis has wrongfully taken possession of the land and property and is preventing them from carrying out their age -old religious practices on this property.
“We observe from the records that there is a Title suit (T.S. No.74 of 2024) filed by the Syiem Mawsynram and Dorbar against the petitioner group of Khasis pending before the Presiding Officer, Subordinate District Council Court, Shillong, in which as submitted by the counsel for the Syiem Hima Mawsynram, an alleged memorandum of understanding between the parties duly registered by which the petitioner is given the right of worship in the property is sought to be set aside and cancelled. Paragraph 4 of the Sixth Schedule to the Constitution of India read with the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014 recognises the jurisdiction of the District Council over civil matters with the High Court exercising a right of appeal or revision only in tribal issues,” the bench said.
“In those circumstances, at the moment we direct the respondent Nos.16 and 17 to produce the cause papers of the proceedings before the District Council Court together with orders that may have been passed by the said body to enable us to assess the rights of the parties, prima facie and to pass an appropriate order in this matter. The question of jurisdiction of this Court is kept open and shall be decided on the next day of hearing,” the court staid while directing the Advocate for the State to inform the Presiding Officer, Subordinate District Council Court, Shillong that he might take no notice of any process of this litigation served upon him by the petitioner.
“List this public interest litigation listed once again on 18th June, 2025. We make it clear that pendency of this petition will not prevent the civil court from proceeding with the suit in accordance with law,” the bench added.
