Allahabad HC seeks Hindu side's reply in plea challenging maintainability of suit seeking possession of Lucknow's Teele Wali Masjid
It is Hindu litigants' claim that a portion of the land on which the mosque stands belongs to them and, therefore, should be handed over.
The Allahabad High Court on Monday allowed ten days' time to the respondent parties to file reply in the plea filed challenging the maintainability of the suit pending before a Lucknow Court for possession of Teele Wali Masjid Premises in Lucknow.
The bench of Justice Manish Mathur passed the order in the plea that essentially assails an order dated September 25, 2017, passed by The Civil Judge (Senior Division) South, Lucknow whereby the judge had held the suit maintainable.
While asking the petitioner to file rejoinder, if any, after the filing of the replies of the respondent parties, the single judge bench posted the matter to be heard next on April 28, 2023.
The plea before the high court has been filed by Maulana Syed Shah Fazlul Mannan who represents the Masjid side in the dispute. A revision plea had also been filed against the order of the civil judge, which was rejected by the Additional District Judge. The present plea challenges the decision of the ADJ as well.
The suit was initiated on behalf of Lord Sheshnagesht Teeleshwar Mahadev Virajman, Lucknow through friend Dr. V.K. Srivastava And 8 others in 2013. The plaintiffs alleged the Teele Wali Masjid compound was built on the ruins of ancient Tileshwar temple and the entire complex is the place of Sheshnag Dudheshwar Mahadev.
The plaintiffs further claimed that it was during the reign of Mughal Emporer Aurangzeb, the Hindu religious structures were demolished and later in place of Laxman Tila, Teele Wali masjid was built.
Through the plea before the high court, the masjid side has argued that the civil suit is not maintainable due to the operation of the Places of Worship Act.
It is to be noted that last year in July, Akhil Bharat Hindu Mahasabha through Rishi Kumar Trivedi, the State Chief of the organisation, filed a suit before a Lucknow Court seeking permission to perform Hindu worshiping rituals of the "Shivling" allegedly situated at the plot where Teele Wali Masjid currently stands.
The plaintiffs in that suit alleged that the Shivling was consecrated by Lord Laxman and the existing mosque was built by demolishing Laxman Teela on the orders of Mughal emperor Aurangzeb.
Case Title: Maulana Syed Shah Fazlul Mannan v. - Lord Sheshnagesht Teeleshwar Mahadev Virajman,Lko. Thru. Friend Dr. V.K. Srivastava And 8 Others