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Synopsis

The Allahabad High Court today granted a further time of 10 days to the Director General, Archeological Survey of India, New Delhi to file her personal affidavit in the ongoing Kashi-Vishwanath-Gyanvapi case(s) hearing. 

When the court was informed by the counsel for the ASI that the Director General is still unwell and needs some more time to file her counter-affidavit as ordered by the court, Justice Prakash Padia orally observed that if this continues, how many more adjournments can be allowed?

However, the court granted further time, as a last opportunity, and subject to payment of Rs. 10,000 in the Legal Services Committee, Allahabad.

"Since the Civil Suit is pending before the Civil Court Varanasi is of the year 1991, in the interest of justice, as a last opportunity, ten days further time is granted to file counter affidavit subject to payment of Rs. 10,000/- in the Legal Services Committee, Allahabad. The aforesaid amount will be deposited on or before the next date of listing," ordered the court. 

The matter will be next heard on October 31, 2022.

On August 30, the court sought ASI DG's affidavit within 10 days in the petitions pertaining to the archaeological survey of the premises of the Gynavapi mosque ordered by the local court to determine whether a Hindu temple was partially razed to build the mosque in the 17th century or not. However, the affidavit is yet to be filed. 

Before the Varanasi local court, the Ancient Idol of Swayambhu Lord Vishweshwar and 5 others filed a suit in 1991 seeking removal of the Gyanvapi Mosque and restoration of the land to Hindus. A survey by the ASI was ordered by the local court during the course of proceedings.

However, Anjuman Intezamiya Masajid Varanasi knocked high court's doors against this order, and the high court stayed the proceedings in this suit before the local court including the ASI survey of the mosque premises. 

Out of the total of five petitions that have been clubbed together for hearing pertaining to the same dispute, in three of the petitions ie. Matter Under Article 227 No.3341 of 2017, Matter Under Article 227 No.1521 of 2020, and Matter Under Article 227 No.234 of 2021, arguments have been completed.

The court is hearing arguments on the remaining two petitions i.e. Matter Under Article 227 No.3844 of 2021 and Matter Under Article 227 No.3562 of 2021 pertaining to the ASI survey of the Gyanvapi premises. 

Case Title: Anjuman Intezamiya Masajid Varanasi v. Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others and connected matters