Allahabad High Court Directs Mathura Court To Decide Plea For Survey Of Shahi Idgah Mosque Premises Within 4 Months

The Allahabad High Court has directed the Mathura Court to decide on two applications pending before it, filed in connection with the Sri Krishna Janambhumi Dispute, within 4 months. The applications essentially seek a survey of the disputed site and the appointment of a court commissioner for the purpose of the survey.

The Bench of Justice Piyush Agrawal issued this order on a plea made by Bhagwan Shri Krishna Virajman And Another by observing thus:

"Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the concerned court below to consider and decide application dated 13.5.2022 i.e. paper no. 35 Ga and 37 Ga u/s 26 CPC pending in aforesaid case in accordance with law expeditiously and preferably within a period of four months from the date of receipt of certified copy of this order, but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment."

The petition was moved in the High Court seeking expeditious disposal of the application filed before the Mathura court after the same remained pending before the local court for a considerable amount of time. 

In the application, it has been stated that there are still remains of the Hindu religion within Shahi Eidgah Mosque which can prove that it was originally a Thakur Keshav Dev temple, demolished to build a mosque.

The application states that these facts are important for the disposal of the case but those managing Shahi Eidgah mosque are inclined to remove these symbols of the Hindu religion. So it is very necessary that a survey, including videography and photography of the mosque premises.

In July 2022, the Allahabad High Court had directed Mathura Court to expeditiously decide on an application filed before it for conducting a Scientific Investigation of Shahi Eidgah and Jahanara's Masque in connection with a 2021 suit (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others).

It may be noted that Mathura's Shahi Idgah Masjid is located next to the Krishna Janmabhoomi, which is believed to be the birthplace of the Hindu deity Krishna.

Significantly, a suit is presently pending in the Mathura Court seeking the removal of the Shahi Eidgah (mosque), adjacent to the Shri Krishna temple complex in Mathura, and the transfer of 13.37-acre land to the deity. The abovementioned two applications had been moved in this very suit.

Advocates Ramanand Gupta and Harshit Gupta appeared for Bhagwan Shri Krishna Virajman And Another (petitioners). Advocate Punit Kumar Gupta appeared for the U.P Sunni Central Waqf Board And 3 Others (respondents).

Case title - Bhagwan Shri Krishna Virajman And Another v. U.P Sunni Central Waqf Board And 3 Others

Case Citation: 2022 LiveLaw (AB) 398

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