The Allahabad High Court will hear the petition filed for the maintainability of the Kashi Vishwanath temple-Gyanvapi mosque civil suit on February 17.
A single bench of Justice Prakash Padiya passed this order while hearing a petition filed by the Anjuman Intejamia Masjid, Varanasi.
It was argued on behalf of the temple that Vishwanath temple located at Gyanvapi has been demolished and given the shape of a mosque. The statutory possession of the land around it, including the basement, is still with the Hindus. Shringar Gauri is worshipped behind the mosque. Nandi is also seated facing the mosque. The basement gate is locked by Hindus and the administration opened from both sides. The temple structure is clearly visible behind the mosque.
Muslims offer prayers on the roof of the basement in the disputed structure. In Islam, the prayers offered at the disputed site are not accepted. Hence, the claim against illegal possession is maintainable. Petition should be dismissed.
The petitioner said the status of the mosque temple of 1947 cannot be changed under the law. The law to maintain status quo prohibits lawsuits. The lawsuit filed in Varanasi is not sustainable in the way of changing the situation.
It is wrong to order the trial of the case by Additional Sessions Judge Varanasi. When it was said from the temple that the dispute was going on before independence, therefore, legal rights cannot be taken away from the law passed later.
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