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Court noted that in pursuance of an earlier order, a short counter affidavit was filed by the Union of India, Ministry of Culture though Director General, Archeological Survey of India which was very sketchy and ran into only two and a half pages.
In the ongoing Kashi-Vishwanath-Gyanvapi hearing, the Allahabad High Court today directed the Director General, Archeological Survey of India, New Delhi to file his personal affidavit within 10 days in one of the petitions.
The bench of Justice Prakash Padia is dealing with a batch of petitions pertaining to the dispute over the ownership of the land where presently the Gyanvapi complex stands.
While noting that the counter affidavits filed by the Union of India, Ministry of Culture though Director General, Archeological Survey of India in one of the connected matters was very sketchy and ran only into two and a half pages, the Court remarked that the matter is of national importance and accordingly, sought personal affidavit of the Director General, Archeological Survey of India.
Further, while arguing against the Anjuman Intezamia Committee's plea against the ASI survey, Advocate Ajay Kumar Singh on behalf of the Kashi Vishwanath Temple stated that for better adjudication of the application under Order VII Rule 11 of C.P.C. pertaining to the maintainability of the suit which is pending before the local court, the evidence should be led.
He relied upon the judgment of the Apex Court in the case of P.M.A. Metropolitan & others vs Moran Mar Marthoma & another(1995), Vijay Narayan Thate and others Vs. State of Maharashtra and others (2009) & Waryam Singh and others Vs. Amarnath and others (1954).
Moreover, he contended that the power under Article 227 of the Constitution of India is to be exercised most sparingly and only in appropriate cases in order to keep the Subordinates Court within the bounds of their authority and not for correcting mere errors.
Taking note of the submission, due to paucity of time today Court adjourned the hearing till September 12, 2022.
Background of the matter
Before the Varanasi local court, the Ancient Idol of Swayambhu Lord Vishweshwar and 5 others had filed a suit in 1991 seeking removal of the Gyanvapi Mosque and restoration of the land to Hindus. The proceedings in this suit before the local court have already been stayed by the high court.
The Anjuman Intezamiya Masajid Varanasi knocked on doors of the high court against the proceeding before the lower court in which an ASI survey had been ordered. The High Court has stayed the ASI survey.
A total of five matters involving the same issue have been clubbed by the high court and are being heard together.
Case Title: Anjuman Intezamiya Masajid Varanasi v. Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others and connected matters
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