Prayagraj, May 19 (UNI) In a setback to Muslim side the Allahabad High Court on Monday dismissed the revision petition of Committee Of Management, Jama Masjid Sambhal challenging the lower court order for survey of the Jama Masjid in Sambhal district by the Archaeological Survey of India (ASI) and maintainability of the suit.
The HC observed that the suit filed by Hari Shankar Jain and 12 others regarding Shahi Jama Masjid of Sambhal was maintainable. The HC refused to intervene on the order of the lower court for the commission's investigation.
It has not interfered with the commission's investigation and the continuation of the filed suit. With this, the court also vacated the interim order passed earlier.
The petition was dismissed by Justice Rohit Ranjan Agarwal. "I find that the court below had not committed any error, irregularity or illegality in granting leave to institute the suit before the expiry of the period of notice under Section 80(2) CPC, as it was never objected to by the Government or its officials and revisionist," it observed.
It observed, "Further, the act of allowing application under Order XXVI Rule 9 for local investigation and appointing Advocate Commission has not caused any prejudice to the revisionist as he has right to question the same at the stage of Order XXVI Rule 10(2) the Civil Procedure Code (CPC) before the report is confirmed and admitted as an evidence and made part of the record. Only one Commission had taken place whose survey started on November 19, 2024, and completed on November 24, 2024 at 11:00 AM."
It said, "Lastly, in view of the finding recorded above, present suit is not prima facie barred by provisions of the Places of Worship Act of 1991 it has been filed seeking the right to access to property in dispute under Section 18 of the Act of 1958 being a protected monument."
The court said, "Considering the facts and circumstances of the case, I find that no interference is required in the order dated November 19 passed by court below allowing application granting leave to institute suit and application for appointment of Commission for local investigation. Revision fails and is hereby dismissed. Interim order stands vacated. Suit to proceed."
In the revision petition of Sambhal Jama Masjid Intezamia Committee, a demand was made to stop further court proceedings of the original suit pending in the Sambhal District Court. In this case, the plaintiff of the Hindu side had demanded a declaration that they have the right to enter the Shri Harihar temple located in Mohalla Kot Purvi of Sambhal district, which is allegedly the Jama Masjid.
In this case, Justice Rohit Ranjan Agarwal had reserved the decision after the completion of the hearing on May 13. Hari Shankar Jain and seven others have filed a case in the court of Civil Judge Senior Division Sambhal, in which it has been argued that the Jama Masjid located in Kot Purvi of Sambhal was built after demolishing a temple.
The plaintiff has demanded a declaration of the right to enter the Harihar temple. The civil court, while hearing the case, had directed the ASI to survey with the Advocate Commissioner and also questioned the maintainability of the case. The HC had earlier stayed the proceedings of the original case pending before the Civil Court of Sambhal.
On the review petition of the Jama Masjid Intezamia Committee, the HC had directed the Indian ASI to file a reply within two weeks. The court granted further time as no affidavit was filed. This revision petition was filed after the order of the Supreme Court, challenging the maintainability of the suit with full proceedings before the civil court of Sambhal.
The petition states that the suit was filed on the afternoon of November 19, 2024 and within a few hours, the court appointed an advocate commissioner. He was also directed to conduct a preliminary survey in the mosque, which was done on the same day on November 19 and then on November 24, 2024.
The court had also directed that the survey report be filed by November 29. On November 19 itself, the civil court accepted the argument of the Hindu side that the mosque was built by the Mughal emperor Babar after demolishing the Harihar temple in Sambhal in 1526.
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