UP court has dismissed a 53-year-old lawsuit brought by a Muslim party asserting rights over the Badruddin Shah Dargah, directing the handover of the site to Hindus. In response to the Muslim party’s claim, the Hindu defendant argued that the contested location contains remains of a Shiva temple and once accommodated the Lakshagriha, known as the House of Lacquer in the Mahabharata.
Thank you for reading this post, don't forget to subscribe!
Court in Uttar Pradesh has dismissed a lawsuit concerning the ownership and religious significance of a disputed site in Barnawa village, Baghpat. This case, which has roots stretching back to 1970, involves a contentious battle over a piece of land claimed by both Hindu and Muslim communities, highlighting the complex interplay of history, religion, and law in India.
ALSO READ: Uttarakhand Madrasa Centre of Violence Demolished Without Court Order
Civil judge Shivam Dwivedi refused to entertain the plea and passed an order directing the Muslim side to transfer the site to the Hindu-defendants.
“The plaintiff has completely failed to prove the present case, due to which in the opinion of the court, dismissal of the plaintiff’s suit seems justified,”
-the Court ordered.
The lawsuit was initiated by Mukim Khan, a caretaker of the dargah (a shrine built over the grave of a revered religious figure) and a local resident. Khan’s legal action was directed against Krishnadutt Ji Maharaj, a Hindu priest, alleging trespassing on the property which Khan claimed housed an ancient dargah and graveyard belonging to Sheikh Badruddin. According to Khan, Krishnadutt Ji Maharaj harbored intentions to demolish the existing structures to establish a major Hindu pilgrimage site.
Krishnadutt Ji Maharaj, on the other hand, contested these claims by asserting that the disputed site actually contained a Shiva temple and remnants of the Lakshagriha (“House of Lacquer”), a significant location mentioned in the Hindu epic, the Mahabharata, known for being a plot by the Kauravas to eliminate the Pandavas. This narrative was further complicated by the fact that a portion of the land on the mound had been acquired by the Archaeological Survey of India (ASI), with the remaining area under the ownership of the Shri Gandhi Dham Committee.
The legal battle saw both original parties, Mukhim Khan and Krishnadutt Ji Maharaj, passing away, leading to their legal heirs continuing the fight in court. A pivotal aspect of the court’s decision was the reference to a 1920 government declaration under Section 3(3) of the Ancient Monuments Preservation Act, 1904, which officially recognized the mound as Lakshagriha.
In its judgment, the court stated,
“The present suit is instituted for the relief of mandatory and perpetual injunction. The defendants have failed to prove by which ground mentioned in section 41 the present suit is barred. In the circumstances described, the present does not appear to be barred by Sections 34, 39, 41 of the Act 1963. Hence this issue is decided in the negative against the defendants,”
thereby dismissing the lawsuit.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
