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Synopsis

The Allahabad High Court has asked the Archeological Survey of India (ASI) to file a short affidavit bringing on record the action taken by it with regard to any illegal construction/activity, if any being raised around the Laxman Teela where Lucknow's TeeleWali Mosque is also situated.

The bench of Justice Vivek Chaudhary and Justice Manish Kumar passed the order in a writ petition filed by Lord Sheshnagesht Teelshwar Mahadev Virajman through next friend Dr. VK Srivastava and others.

Before the division bench, the Assistant Solicitor General of India stated that earlier also letters were issued to the local authorities for taking appropriate action with regard to illegal construction and new instructions had also been issued.

Court took this statement and record and posted the matter for further hearing on October 10, 2023. 

In the writ petition filed through Advocate Shailendra Srivastava, it has been stated that a suit filed in 2013 by the present petitioners is pending in Lucknow civil court concerning the Laxman Teela–Teele Wali masjid land title dispute where it is the claim of UP Sunni Central Waqf Board that the suit property is a Waqf property.

However, the petitioners' side, claiming that an ancient temple of Lord Laxman was situated at the disputed property, has been pressing for a survey of the concerned area by ASI.

It is the petitioners' contention that the property in question (Nazul Khasra No.14, Police Station Chowk, District Lucknow), once vested in Deity continues to be Deity’s property, and if any construction over the Temple or the place of Hindu worship belonging to Deity has been interfered with at any point of time, then the same should revive with the arm given by Article 13(1) of the Constitution of India.

Regarding the present writ petitioner, the petitioners have claimed that on September 17, 2023, Shahi Imam of Teelewali Masjid in connivance of U.P. Sunni Central Waqf Board and Nagar Nigam, brought JCB and trucks property in question and started excavation of the disputed area in an attempt to remove the evidences related with the Archeological remains of the Laxman Temple.

Against this, two of the present petitioners approached the Station House Officer of Chowk Police Station but to no avail. This inaction on the part of the local administration forced the petitioners to file the instant writ petition. 

Case Title: Lord Sheshnagesht Teelshwar Mahadev Virajman Thru. Next Friend Dr.V.K. Srivastava And Others v. UOI and Others