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The application pending before the local court at Mathura seeks a videography survey of the Shahi Eidgah mosque alleging that it was illegally built upon the land belonging to Lord Shree Krishna Virajman.
The Allahabad High Court today directed the local court at Mathura to decide the application pending before it seeking appointment of a court commissioner for a videography survey of the Shahi Idgah mosque expeditiously and preferably within a period of four months.
The bench of Justice Piyush Agarwal passed the order on a plea moved by Manish Yadav, the main plaintiff in the suit filed before the Mathura court for removal of alleged encroachment and superstructure built on land belonging to deity Shree Krishna Virajman (Original Suit No. 152 of 2021).
Yadav moved a plea before the high court through Advocates Ramanand Gupta and Harshit Gupta stating that his one application pertaining to survey of the Shahi Idgah mosque and a fresh injunction application against the defendants were pending before the local court.
He stated that a survey is necessary to decide the religious nature of the disputed site while claiming that since the respondents can make an attempt to change the religious nature of the site, therefore, early disposal of his applications is necessary.
Considering the facts and circumstances of the case, however, without expressing any opinion on the merits of the issue, Court finally disposed of Yadav's plea with a direction to the Civil Judge (Senior Division), Mathura to consider and decide the application for the appointment of a court commissioner for a survey of the disputed site in accordance with law expeditiously.
Court, however, stressed that the same shall be done only after giving opportunity to the parties concerned to be heard.
The Original Suit No. 152 of 2021 (Shri Krishna Virajman and others Vs. U.P. Sunni Central Waqf Board and others) pending before the Mathura Court pertains to the allegations that the Committee of Management of alleged Trust Masjid Idgah with the consent of Sunni Central Board of Waqf encroached upon and illegally built superstructure on land belonging to deity Shree Krishna Virajman.
This suit has challenged the decision reached in a 1967 suit pertaining to the land of Krishna Janmbhoomi, where, as per the petitioner, an illegal compromise was reached between the parties and a court decree was passed accordingly.
Case Title: Bhagwan Shri Krishna Virajman and Another v. U.P. Sunni Central Waqf Board and Others
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