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Kashi Vishwanath Mandir-Gyanvapi Masjid case: UP Sunni Waqf Board moves HC against Varanasi court order

The miscellaneous application filed by the Board was part of a writ petition being heard over the dispute in the Allahabad High Court, which had reserved the order in the matter on March 15, after arguments in the matter were completed.

By: Express News Service | Lucknow |
Updated: April 14, 2021 3:45:28 am
VaranasiThe disputed complex in Varanasi (Express file photo)

THE UTTAR Pradesh Central Sunni Waqf Board on Tuesday filed an application in the Allahabad High Court seeking to restrain proceedings in a Varanasi court that directed Director-General of the Archaeological Survey of India (ASI) to “get a comprehensive archaeological physical survey” done of the disputed Kashi Vishwanath Temple-Gyanvapi Mosque complex.

The order passed by Fast Track Court Civil Judge (Senior Division) Ashutosh Tiwari on Thursday had ordered a survey by ASI to “find out whether the religious structure standing at present at the disputed site is a superimposition, alteration or addition or there is a structural overlapping of any kind, with or over, any religious structure”.

The miscellaneous application filed by the Board was part of a writ petition being heard over the dispute in the Allahabad High Court, which had reserved the order in the matter on March 15, after arguments in the matter were completed.

Advocate Punit Gupta told The Indian Express on Tuesday that they filed the plea as the trial court order was “against the legal procedure which bars a court from hearing the issue as the matter is pending before the High Court”. “We have filed a miscellaneous application in the writ petition in which order was reserved on March 15. Our prayer is that the order by the Varanasi trial court judge be stayed till the High Court order in the issue is out,” said Gupta.

“The proceedings in the local court in Varanasi are barred by the Places of Worship Act, 1991, which says that nature of religious places will not be changed from what it was on August 15, 1947.”

Meanwhile, a similar application was filed on Monday by the Anjuman Intezamia mosque in the Allahabad High Court. Senior Advocate Syed Farman Ahmad Naqvi, who is representing the mosque in the High Court, said that the “urgent application was filed asking the High Court to stop the Varanasi Trial Court from proceeding in the title suit”.

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