This adjudicative pursuit beholds a trian­gular orientation of competing assertions cen­tering around the centuries old religious insti­tution adorned by the globally reverred deity, Shri Shri Maa Kamakhya nestled in the ver­dant Nilachal Hills overseeing the mighty river Brahmaputra from its southern bank. The aforementioned appeals mount a challenge to the judgment and order dated 6.8.2004 ren­dered in WP(C) No. 5385/2000 along with WP(C) Nos. 6184/2000 and 2955/2002. The deity as well has been made to figure in the legal wrangle encompassed in WP(C) 935/2005 in a bid to nullify the provisions of the Assam State Acquisition of Lands Be­longing to Religious or Charitable Institutions of Public Mature Act, 1959 (for short, here­inafter referred to as 'the Act') with its amendment in the year 1987 integrating Sec­tion 25A thereto. The constitutional validity of this enactment as a whole has been im­peached.

2. Whereas the appellant in W.A. No. 311 /2004 was the writ petitioner in WP(C) No. 5385/2000 representing himself to be an administrator of the Kamakhya Debutter (hereinafter also referred to as "the Kamakhya Debutter Board/ Board"), one Sri Kamal Chandra Sarma [petitioner No. 1 in WP(C) 6184/2000] designating himself to be Chairman of the Board has lifted the cudgel against the aforementioned decision in W.A. No. 312/2004. In view of their interpositions, the petitioners(s)/ appellant(s) have been re­ferred to hereinafter in the alternative.

3. We have heard Mr. DK Mishra, Se­nior Advocate assisted by Ms. S Jahan, Ad­vocate for the petitioner in WP(C) No. 935/ 2005 as well as for the appellant in W.A. No. 312/2004; Mr. AK Bhattacharjee, Senior Advocate assisted by Mr. S Sarma, Advo­cate for the appellants in W.A. No. 311/2004; Mr. AC Buragohain, Addl. Advocate General, Assam and Mr. PS Deka, learned Govt. Ad­vocate, Assam for the State respondents as well as Mr. BC Das, Senior Advocate; Mr. P Pathak, Senior Advocate, Mr. C.K. Sarma Baruah (since deceased) assisted by Mr. S Shyam and Mr. B Sarma, Advocates for the private respondents.

4. Before being enmeshed in the conten­tious pleadings, expedient it would be to briefly trace the overwhelming and phenom­enal historical background of the hallowed site of international repute presided over for the time immemorial by the omnipotent deity Shri Shri Kamakhya. The factual backdrop is un­questioned and finds a felicitous and explor­ative narration in the judgment dated 25.2.1931 passed by the Special Sub Judge, Assam Valley Districts at Guwahati in Title Suit No. 45 of 1927. A skeletal reproduction therefrom with this acknowledgement would suffice the present endeavour.

5. From time immemorial their existed a Peetha or jyonimudra (sacred sign/ emblem) of Goddess Shri Durga venerably known as Shri Kamakhya in the Nilachal Hills situated on the south bank of river Brahmaputra in the State of Assam. With this shrine as the princi­pal deity, several other subsidiary pecthas or shrines surfaced around it being located all over the aforenamed hill. The discovery of these peethas or shrines had been gradual with time. Mythology traces construction of the temples with walls and stone stairs uphill to the engineering feats of King Narakasura, thus, making the location known and acces­sible. After the vandalic invasion of the Kamakhya Hill by Kalapahar of Bengal, as the history testifies, the Koch Dynasty during its prime held its sway over the whole of Kamrup. It was King Naranarayana who then rebuilt the Kamakhya Temple and introduced a regular scheme of worship, thus, streamlin­ing the then prevailing disorderly state of af­fairs. With the emergence of the Ahom re­gime, five upper districts in the Brahmaputra Valley including Kamrup with the Nilachal Hills came under its rule. Since then till the advent of British in Assam in 1826, the Ahom Kings controlled and supervised all the affairs of the Kamakya Institution which had developed into a Tirtha-a supreme site of divine