COMMITTEE OF MANAGEMENT ANJUMAN INTEZAMIA MASAJID, VARANASI Vs. RAKHI SINGH

JUDGEMENT

(1.) The proceedings under Article 136 of the Constitution have been initiated to challenge an order of the High Court of Judicature at Allahabad dtd. 3/8/2023. The High Court dismissed the appeal against an order of the District Judge directing an archeological survey of the area in which the Gyanvapi Mosque [Settlement Plot No. 9130] is situated.

(2.) The respondent-plaintiffs filed a suit (Civil Suit No. 18 of 2022) seeking a declaration that they were entitled to perform rituals of deities which are allegedly present within the premises of the Gyanvapi mosque. The respondents also filed an application under Sec. 75 and Order XXVI Rules 9 and 10 read with Sec. 151 of the Civil Procedure Code 1908 ("CPC") for the appointment of an Advocate Commissioner for inspection of the premises. The petitioner-defendant moved an application under Order 7 Rule 11(d) of the CPC for the dismissal of the suit on the ground that it is barred by the provisions of the Places of Worship (Special Provision) Act 1991.

(3.) The application seeking the appointment of the Advocate Commissioner was allowed by the Civil Judge. The appeal against the order of the Civil Judge was dismissed by the High Court by an order dtd. 21/4/2022. The petitioners instituted proceedings (SLP No. 9388 of 2022) under Article 136 challenging the order of the High Court. In the meanwhile, the Advocate Commissioner submitted a report recording that a Shivaling was found in the premises of the mosque. By an order dtd. 16/5/2022, the Civil Judge directed the place where the Shivaling was allegedly found be sealed. This Court by an order dtd. 17/5/2022 directed the order of the Civil Judge dtd. 16/5/2022 shall not restrain the access of Muslims to the mosque or the use of the mosque for the purpose of performing Namaz. By another order dtd. 20/5/2022, this Court directed that the application filed by the petitioner under Order VII Rule 11 of CPC be decided on priority.