LawChakra

No Orders for Atala Mosque Survey as Supreme Court Steps In | Jaunpur Court Defers to March 2025

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The Jaunpur District Court denied a survey request by the Swaraj Vahini Association for the Atala Mosque, citing a Supreme Court order that prohibits effective interim or final orders in religious site cases. The issue is postponed until March 2025 for further hearings regarding the Places of Worship Act challenges.

Jaunpur: The Jaunpur District Court in Uttar Pradesh refused to pass any orders regarding the Swaraj Vahini Association’s plea for an Amin survey of the 14th-century Atala Mosque. The decision followed the Supreme Court’s December 12 interim order, which restrained courts nationwide from issuing any effective interim or final orders in cases involving religious sites, including surveys.

“As the Hon’ble Supreme Court has directed… no court will pass any effective interim orders or final order, including orders directing surveys… Office to not issue any Amin writ. Strict compliance of the order of the Hon’ble Supreme Court be made,”

stated the operative part of the order issued by Civil Judge Sudha Sharma. The matter has been deferred to March 2, 2025, after the Supreme Court is scheduled to hear petitions challenging the Places of Worship Act, 1991, on February 19, 2025.

The Supreme Court’s special bench, led by Chief Justice of India Sanjiv Khanna, clarified that while new suits may be filed, no registration or action can proceed until further orders. However, ongoing cases were not stayed entirely.

The suit, filed by the Swaraj Vahini Association (SVA) and Santosh Kumar Mishra, alleges that the Atala Mosque was constructed on the site of a demolished Hindu temple, Atala Devi Mandir, during Feroz Tughlaq’s 13th-century invasion. The plaintiffs seek a declaration of the site as a Hindu temple, possession of the property, and an injunction against non-Hindus entering it.

The Waqf Atala Mosque Committee recently moved the High Court to challenge an earlier order permitting the plaintiffs to proceed under Order 1 Rule 8 CPC in a representative capacity. The plaintiffs argue that the architectural style of the mosque retains Hindu influences, supporting their claim that it was originally a Hindu temple.

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