By
Rajesh Pandey
The Allahabad High Court on Tuesday adjourned till December 18, 2024, the hearing of a petition challenging the Varanasi judge’s order of October last year whereby he had refused to direct the Archeological Survey of India (ASI) to survey the Wazukhana (ablution) area except for the structure which the Hindu side calls a Shivling and the Muslims describe as a fountain, inside the Gyanvapi mosque located adjacent to the Kashi Vishwanath temple.
Justice Rohit Ranjan Agarwal passed this order when the counsel for the parties informed the court that the matter is engaging the attention of the apex court and is due to be heard by the apex court on December 17.
Given the said fact, the court directed to put up this case on December 18 for the next hearing.
The court was hearing a civil revision filed by Rakhi Singh one of the plaintiffs before Varanasi court. The revision has been filed challenging the Varanasi district judge’s order dated October 21, 2023, refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area except for the ‘Shiva Linga’ inside the Gyanvapi MMosque
The present revision petition has been filed by Rakhi Singh one of the plaintiffs in the Srinagar Gauri worshipping suit before the Varanasi court.
In her revision, Rakhi Singh has pleaded that the survey of the Wuzukhana area is necessary in the interest of justice. It shall benefit the plaintiffs and defendants alike and help the court arrive at a just decision in the suit.
Earlier, at one stage, the Anjuman Intezamia committee of Gyanvapi mosque had filed its counter affidavit (reply) before the high court stating that the matter relating to Wazukhana and Shivlinga is already pending before the apex court and there is stay order operating that it should be preserved and its safety and security has been handed over to district magistrate, Varanasi. So this backdrop, the district judge, Varanasi rightly rejected the application of the Hindu side on October 21, 2023, seeking an ASI survey of the Wazukhana area except for the Shiva Linga inside the Gyanvapi mosque, as the matter is covered by the apex court’s interim orders arising out of the same suit.
