Gyanvapi Mosque Dispute: Allahabad HC Grants 3 Week Time To Union, UP Govt To Reply On Plea Challenging ASI Survey Of Complex

The Allahabad High Court today directed the Union Government and State of Uttar Pradesh to file their responses in 3 weeks on plea challenging Varanasi Court's order allowing the Archaeological Survey of India for undertaking a survey at the disputed site.

The Bench of Justice Prakash Padia thereafter listed the matter for further hearing on September 28. 

An application had been filed by Anjuman Intezamia Masajid Varanasi, while praying for staying the effect and operation of the impugned order dated 8th April 2021, had stated thus:

"That the presiding officer of Sri Ashutosh Tiwari the Civil Judge (S. D.) F. T. C. Varanasi is behaving in the most arbitrary manner and is passing the orders against the spirit of Judicial discipline."

Furthermore, the application had read thus:

"…It appears the learned civil Judge concerned is more interested to bypass all judicial disciplines and ethics as well as procedures of law and to establish himself as above the judicial hierarchy as defined under the Civil Procedure Code and had assumed himself as the only authority to decide the entire issue without looking into the legal impediment and bars."

A Civil Court in Varanasi district of UP vide order dated 8th April 2021 allowed the Archaeological Survey of India to undertake a survey at the disputed site of Kashi Vishwanath Temple-Gyanvapi Mosque. The Court also directed the Uttar Pradesh government to bear the cost of the survey.

Significantly, the land title dispute relates to the Gyanpavi Mosque, allegedly built on the ruins of Kashi Vishwanath temple.