Kashi Vishwanath-Gyanvapi Mosque Title Dispute: Allahabad High Court To Deliver Judgment In A Bunch Of Pleas On August 28

After seeking certain clarifications from the parties in a bunch of pleas concerning the Gyanvapi Mosque-Kashi Vishwanath Temple land title dispute, the Allahabad High Court today concluded a hearing in the matter and posted the cases for delivery of Judgment on August 28. 

Gyanvapi Mosque-Kashi Vishwanath Temple issue| Allahabad High Court seeks certain clarifications from parties before it in a bunch of pleas.

The matter is being heard by the bench of Justice Prakash Padia.

[NOTE: This is a different case from the Anjuman Committee's plea… pic.twitter.com/FETFWx3VJs

— Live Law (@LiveLawIndia) July 25, 2023

The pleas before the Court include a challenge to the maintainability of a suit filed before a Varanasi court, seeking the restoration of a temple at the site where the Gyanvapi mosque exists.

Another plea before the bench is of the Anjuman Masjid Committee (which manages the GYANVAPI MOSQUE), challenging a 2021 order of the Varanasi Court to conduct an archaeological survey of the Mosque complex to determine whether a Hindu temple was partially razed to build the Gyanvapi mosque in the 17th century.

It may be noted that the proceedings in the matter pending before the Varanasi Court was stayed by the Allahabad High Court in September 2021, effectively staying the ASI Survey order as well.

The Varanasi Court's order had come in a petition filed by Advocate Vijay Shankar Rastogi on behalf of Swayambhu Jyotirlinga Bhagwan Vishweshwar. The application was filed in a suit filed by the Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others in the year 1991 claiming the restoration of the land on which the Gyanvapi Mosque stands to Hindus.

The Plaintiffs, in the suit, sought a declaration that the land on which the Mosque is built belongs to the Hindus. As is well known, the land title dispute relates to the Gyanpavi Mosque, allegedly built on the ruins of the Kashi Vishwanath temple. The suit has been challenged before the HC and the said challenge has been clubbed with a bunch of matters concerning the dispute.

Last year, the bench of Justice Prakash Padia had reserved its order in the cases, however, the Court, in May this year sought certain clarifications and hence, the matters were listed on regular intervals. Now, the hearing in all the pleas has been concluded. 

Today, Advocate Vijay Shankar Rastogi (appointed next friend of Lord Vishweshwar) argued before the bench that the Varanasi Court's April 2021 order for an ASI survey at the disputed site of Kashi Vishwanath Temple-Gyanvapi Mosque was justified.

He further contended that an interim order of the HC has to be vacated within 6 months in view of the Apex Court's ruling in the case of Asian Resurfacing of Road Agency Private. Limited and Another, therefore, since more than 6 months had passed (from 1998 when proceedings in the 1991 Suit were stayed by the HC), the Varanasi Court was bound to proceed in the matter and hence, it had rightly allowed an application of 2019 inter-alia for survey of premises in dispute by the Archaeological Survey of India.

In response to this, the Court reiterated the observation it made in September 2021 while staying Varanasi Court's order that since the HC had reserved its judgment in a bunch of pleas concerning the very dispute at hand in March 2021 including the maintainability of the 1991 suit, there was no occasion for the Varanasi court to have passed any order in the matter.

"The Court has not decided if the original suit of 1991 is maintainable or not. All the subsequent suits will be decided based on the decision in the 1991 suit...If the 1991 suit is dismissed, then all the subsequent suits will be dismissed," the Court observed as it concluded hearing the arguments in the matter and posted the case for delivery of Judgment on August 28.