Gyanvapi Case: Allahabad HC To Hear Plea Challenging Maintainability Of Suit, Order On ASI Surv

The Allahabad High Court will hear a plea filed by the Uttar Pradesh Sunni Waqf Board and the Gyanvapi masjid management committee on Friday that has challenged the maintainability of a suit pending before a Varanasi court, seeking the restoration of a temple at the site of the mosque. The petitioners have also challenged an April 8, 2021 order of the Varanasi court, directing the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the Gyanvapi mosque complex.

On November 28, 2022, Justice Prakash Padia reserved his judgment in the matter after hearing both sides at length, news agency PTI reported. However, in its order dated May 24, Justice Padia said more clarifications were required from the counsel for the parties. Considering this, the matter was put up, along with other connected matters, for further hearing on Friday, PTI’s report mentioned.

The high court had previously reserved its judgment on the maintainability of the suit pending in the Varanasi court. Now, all connected matters on the suit’s maintainability and the order for the ASI survey will be heard together by the court today.

On April 8, 2021, the Varanasi court, while hearing a suit seeking the restoration of the temple at the Gyanvapi mosque site, directed the ASI to conduct a comprehensive survey of the mosque complex.

Following this, the Varanasi court’s order was challenged before the high court by the Anjuman Intezamia Masjid (AIM), the Gyanvapi management committee, and the Uttar Pradesh Sunni Central Waqf Board.

On September 9, 2021, the high court stayed the Varanasi court’s order. The stay order was extended from time to time during the hearing of the matter.

Hearing the petition filed by the AIM and the waqf board, Justice Padia reserved his judgment on November 28, 2022, and directed that the interim stay on the Varanasi court order asking the ASI to conduct a survey of the mosque complex will continue till the delivery of the judgment. 

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