Allahabad HC allows court-ordered survey in the Shahi Jama Masjid–Harihar Temple dispute. Masjid committee’s objection dismissed as court rules the survey and suit are valid.
Prayagraj: Today, On Monday May 19, The Allahabad High Court has dismissed a petition filed by the Masjid committee, which had challenged the survey ordered by a local court in Sambhal regarding the dispute between the Shahi Jama Masjid and the Harihar Temple.
The High Court stated that both the decision to appoint a court commissioner and the filing of the civil suit were legally valid and acceptable.
The legal battle is related to the religious dispute concerning the Shahi Jama Masjid and the Harihar Temple in Sambhal.
A civil suit had been filed in this matter, after which a local court in Sambhal ordered a survey of the disputed site.
The Masjid committee objected to this survey and approached the High Court, arguing that such a move was not permissible.
However, Justice Rohit Ranjan Agarwal of the Allahabad High Court, after hearing arguments from both sides, upheld the decision of the Sambhal court.
The judge said that the survey can be conducted and that the appointment of a court commissioner was in line with the law.
The Court also made it clear that the civil suit filed in this matter is maintainable and that the legal process can go forward.
Justice Agarwal had earlier reserved the judgment after hearing the counsel representing the Masjid committee, the lawyer of the plaintiff Hari Shanker Jain, and the legal representative of the Archaeological Survey of India (ASI).
The High Court’s order marks a significant development in the ongoing case, allowing the survey of the site to proceed as planned.
This decision also supports the maintainability of the suit, which means that the lower court can continue hearing the matter further.
The Masjid committee had expressed its disagreement with the decision of the Sambhal court and argued that the survey order could disturb communal harmony.
But the High Court found no legal grounds to stop the survey and dismissed the petition.
This case is being closely watched as it concerns religious sentiments and historical claims on the site.
The judgment is likely to have a bearing on how similar disputes are handled in the future, especially in terms of appointing court commissioners and allowing archaeological or structural surveys in sensitive cases.
The order by the High Court reaffirms the legal principle that courts can order surveys through court commissioners when there is a need to examine the facts of a disputed site, particularly in matters involving places of worship.
The Court found no fault in the manner in which the lower court handled the request for the survey.
The judgment clarifies that,
“the order to appoint a court commissioner and the suit were maintainable.”
Justice Rohit Ranjan Agarwal, after considering all the arguments, ruled in favor of continuing the legal process without any interruption.
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This decision strengthens the legal framework for resolving religious site disputes and sets a precedent for future cases involving similar issues.
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