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July 11, 2023
PRAYAGRAJ: The Allahabad high court dismissed on Monday a writ petition filed by Shri Krishna Janmabhoomi Mukti Nirman Trust requesting the court to direct the Mathura civil judge to decide its application for a scientific survey of the Krishna Janmabhoomi-Shahi Masjid Idgah premises before deciding the objections raised against the suit by the opposing parties — the management committee of the mosque and the UP Sunni Central Waqf Board.
Justice Jayant Banerji dismissed the writ petition filed by the trust after hearing Suresh Kumar Maurya, counsel for the petitioner, and Punit Kumar Gupta, counsel for UP Sunni Central Waqf Board,
“It is prerogative of the trial court (civil court in Mathura) to proceed in the manner it deems fit unless there is a specific provision that provides for a particular methodology or process to be adopted. The trial court, in the impugned order (the order under challenge), has observed that asin a suit its maintainability has been questioned, then that fact has to be determined first. Therefore, hearing on the question of maintainability of the suit is proper and justified,” the HC observed.
Earlier, the petitioners had filed a suit before the Mathura civil judge in January 2023, along with a map, with a request to protect the petitioner’s interests as well as their constitutional rights. It was also requested that Krishna Janmbhoomi be restored at the place where the Shahi Masjid Idgah at present exists.
However, the Shahi Masjid Idgah management committee and UP Sunni Central Waqf Board filed objections regarding the maintainability of the suit, saying that it was barred by the Places of Worship Act, 1991, which says that the nature of any place of worship cannot be altered from what existed on August 15, 1947. Thereafter, the petitioner, Shri Krishna Janmabhoomi Mukti Nirman Trust, through its president Ashutosh Pandey, requested the HC to direct the civil court at Mathura to decide their application for a scientific survey first before deciding objections against the suit raised by the Shahi Masjid Idgah and UP Sunni Central Waqf Board.
Justice Jayant Banerji dismissed the writ petition filed by the trust after hearing Suresh Kumar Maurya, counsel for the petitioner, and Punit Kumar Gupta, counsel for UP Sunni Central Waqf Board,
“It is prerogative of the trial court (civil court in Mathura) to proceed in the manner it deems fit unless there is a specific provision that provides for a particular methodology or process to be adopted. The trial court, in the impugned order (the order under challenge), has observed that asin a suit its maintainability has been questioned, then that fact has to be determined first. Therefore, hearing on the question of maintainability of the suit is proper and justified,” the HC observed.
Earlier, the petitioners had filed a suit before the Mathura civil judge in January 2023, along with a map, with a request to protect the petitioner’s interests as well as their constitutional rights. It was also requested that Krishna Janmbhoomi be restored at the place where the Shahi Masjid Idgah at present exists.
However, the Shahi Masjid Idgah management committee and UP Sunni Central Waqf Board filed objections regarding the maintainability of the suit, saying that it was barred by the Places of Worship Act, 1991, which says that the nature of any place of worship cannot be altered from what existed on August 15, 1947. Thereafter, the petitioner, Shri Krishna Janmabhoomi Mukti Nirman Trust, through its president Ashutosh Pandey, requested the HC to direct the civil court at Mathura to decide their application for a scientific survey first before deciding objections against the suit raised by the Shahi Masjid Idgah and UP Sunni Central Waqf Board.
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