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The transfer of all the suits concerning Krishna Janmabhoomi-Shahi Idgah land dispute to the high court has been sought on the ground that the issue is of national importance and raises substantial questions of law, which only the high court can decide.
The Allahabad High Court has reserved the order in the plea seeking transfer of all the suits pertaining to the Krishna Janmbhoomi- Shahi Idgah dispute to the high court.
The bench of Justice Arvind Kumar Mishra reserved the verdict in the application which contended that the issue raised in the said suits is of national importance and raises substantial questions of law, which only the high court can decide.
Bhagwan Shrikrishna Virajman And 7 Others moved the high court seeking transfer of suit no. 353/2022 pending in the Court of Civil Judge Senior Division, Mathura to the high court.
The applicants alleged that subsequent to the registration of suit no. 353/2022, a number of suits had been filed pertaining to the land dispute concerning Shahi Idgah. Even the content of the suit plaint has been copied verbatim, the applicants claimed.
Therefore, stating that all such suits are of similar nature and subject matter and relief in all these cases are similar, the applicants sought transfer of suits to the high court.
The high court, on February 1, 2023, agreed to hear the transfer application and issued notice to the respondents.
However, on March 15, 2023, the court noted that despite sufficiently served notice and specific order of the court, no one appeared before the court on behalf of respondent party no.4 (Shri Krishna Janamsthan Sewa Sansthan). Therefore, taking a stern view, court granted one last opportunity to all four respondent parties to file counter affidavits within a period of ten days but the same were yet awaited.
Thereafter, last month, court granted one more opportunity to the respondents to file their respective counter-affidavits latest by April 7, 2023.
The Krishna Janmbhoomi- Shahi idgah dispute pertains to claims made by many devotees of Lord Krishna that the Shahi Idgah Mosque is built over the land belonging to the deity and the actual birthplace of Lord Krishna lies beneath it.
It has been alleged that the 13.37 acres of land, which also includes the mosque area, is the Krishna Janmbhoomi land, and, an illegal structure was raised by Muslims over it.
Recently, the high court remanded a matter pertaining to the same dispute back to the Trial Court in Mathura to hear it without being influenced by any observation made by the District Judge in the order dated May 19, 2022.
Case Title: Bhagwan Shrikrishna Virajman And 7 Others v U.P. Sunni Central Waqf Board And 3 Others
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