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It has been claimed by Swaraj Vahini Association that the Atala Devi Mandir, built by Raja Vijay Chandra in the 13th century, was partially demolished during Feroz Tughlaq's invasion and converted into a mosque. However, the Waqf Atala Mosque, Jaunpur disputes the historical narrative, asserting that there was no Atala Devi Mandir at the site
In a significant development, the 14th-century Atala Mosque in Jaunpur has approached the Allahabad High Court, challenging the legality of a local court's May order that permitted the registration of a lawsuit claiming the mosque was originally a Hindu temple, Atala Devi Mandir.
The suit, filed by the 'Swaraj Vahini Association' (SVA) and Santosh Kumar Mishra (SVA's state president ), seeks a declaration that the disputed property belongs to the Sanatan Hindu religion, demanding possession of the site and the right to worship. The plaintiffs allege that the Atala Devi Mandir, built by Raja Vijay Chandra in the 13th century, was partially demolished during Feroz Tughlaq's invasion and converted into a mosque. They argue that the Atala Masjid still retains its Hindu architectural elements, claiming the conversion is both historical and religiously impermissible under Islamic law.
The suit, filed in a representative capacity also seeks to bar non-Hindus from entering the property. Both the trial court's decision allowing the suit and the District Judge's August affirmation of that order have been challenged by the mosque authorities in their petition before the High Court.
The petitioner, Waqf Atala Mosque Jaunpur, represented by Advocates Azim Ahmad Kazmi, Rizwan Jamal Alvi, and Shibli Naseem, has raised multiple objections to the plaintiffs' claims. They argue that the plaintiff association, registered under the Societies Registration Act, is not a juristic entity competent to file such suits. They also contend that the society’s bylaws do not authorize litigation of this nature, making the plaint defective.
The mosque’s representatives maintain that the Atala Masjid, constructed between 1376 and 1408 by Feroz Shah Tughlaq, has always been a mosque and has never been in possession of followers of any other religion. It is registered with the U.P. Sunni Central Waqf Board, and regular prayers, including Juma, have been offered there since its inception.
Further, the petition highlights that the plaintiff failed to include the Waqf Board as a party to the suit, a significant omission given the sensitive nature of the dispute. It also argues that the claim is barred under Section 85 of the Waqf Act and the Places of Worship Act, 1991, which prohibits the conversion of any religious place as it existed in 1947.
The mosque authorities have dismissed the plaintiffs' assertions regarding Hindu cultural influences in the mosque's architecture, stating that the pillars and columns bear no such signs. The petition also disputes the historical narrative, asserting that there was no Atala Devi Mandir at the site.
The plaintiffs, however, insist that no mosque should be constructed on the ruins of a demolished temple, citing religious and legal principles.
Case Title: Waqf Atala Masjid vs. Swaraj Vahini Association And Another
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