BREAKING | Gyanvapi-Kashi Title Dispute: Days After Reserving Verdict, A Different Bench Of Allahabad HC To Hear Matter On August 28

LIVELAW NEWS NETWORK

25 Aug 2023 8:30 PM IST

  • BREAKING | Gyanvapi-Kashi Title Dispute: Days After Reserving Verdict, A Different Bench Of Allahabad HC To Hear Matter On August 28

    In a significant development, a different bench of Allahabad High Court will hear the Kashi Vishwanath-Gyanvapi Mosque land title dispute cases. This comes exactly a month after a different bench (comprising Justice Prakash Padia), which had been hearing the matter since August 2021, concluded the hearing and reserved the orders in the matter on July 25.As per the HC's Casuelist of August 28,...

    In a significant development, a different bench of Allahabad High Court will hear the Kashi Vishwanath-Gyanvapi Mosque land title dispute cases. This comes exactly a month after a different bench (comprising Justice Prakash Padia), which had been hearing the matter since August 2021, concluded the hearing and reserved the orders in the matter on July 25.

    As per the HC's Casuelist of August 28, now a bench comprising Chief Justice Pritinker Diwaker will hear the matter. Coincidently, a bench of Justice Padia was to deliver the verdict in the matters on that very day. The reason for the transfer of matters to a different bench could not be ascertained.

    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 at regular intervals. 

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