The Allahabad High Court in the case was hearing the Civil Revision plea moved challenging the Varanasi District Judge’s order dated October 21., wherein the court refused to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area, except for the ‘Shiva Linga’ inside the Gyanvapi Mosque.
In the said case, the revision plea has been moved by the Rakhi Singh through Advocates Saurabh Tiwari, who being the plaintiff no. 1 in the Shringar Gauri Worshipping suit 2022, 2hich is presently pending before the Varanasi Court.
The court rejected the application moved by her on October 21, 2023 and the primary contention raised was that the survey of the Wuzukhana which excludes the ‘Shivalingam’ is necessary to ascertain the religious character of the property in question i.e., the Gyanwapi precincts.
District Judge Ajay Krishna Vishwesha while rejecting her application observed in his order that the Supreme Court, vide its order dated 17.05.2022 ordered to duly protect the area where the ‘Shiva linga’ is stated to have been found and therefore, it is not proper to direct the ASI to survey the area as it would violate the Supreme Court’s order.
It has also been noted by the District Judge that the particular area was also excluded from the ambit of the ASI survey ordered by his court vide an order dated July 21, 2023, passed in the 2022 suit. The court observed in her revision plea that she has stressed that the survey of the Wuzukhana area is necessary in the interest of justice and it shall benefit the plaintiff(s) and defendants alike and come in aid of the court to arrive at a just decision in the 2022 suit.
It has also been contended before the court that the District Judge in its order date October 21 had failed to exercise the jurisdiction vested in it by law to direct for the survey of the wuzukhana area.
Further, it has been argued that in the said order, the Court of District Judge erred in stating that in its July 21, 2023 order (for the Survey of Gyanvapi premises) it had deliberately excluded the duly protected area from the ambit of the survey, as in the application on which the said order was being passed, there was no such prayer seeking survey of the protected area.
The court also noted that ASI has been conducting a scientific survey of the Gyanvapi complex in Varanasi as per the July 21 order of the Varanasi District Judge to determine if the mosque was constructed over a pre-existing structure of a Hindu temple.
The Varanasi Court in the case observed and has directed the Archaeological Survey of India, ASI to submit its report about the Gyanvapi Mosque Survey in the Court by November 17, 2023.