Prayagraj: The Allahabad High Court on Tuesday adjourned till Dec 18 the hearing on a petition challenging the Varanasi judge's order of Oct last year whereby he had refused to direct the Archeological Survey of India (ASI) to undertake a survey of the Wuzukhana (ablution) area except for the structure which the Hindu side calls a Shivling and the Muslims describe as a fountain inside the Gyanvapi mosque adjacent to the Kashi Vishwanath temple.
Justice Rohit Ranjan Agarwal passed this order when the counsel for the parties informed the court that the matter is engaging the attention of apex court and is due to be heard by the apex court on Dec 17. In view of the said fact, the court directed to put up this case on Dec 18 for the next hearing.
The court was hearing a civil revision filed by Rakhi Singh, one of plaintiffs before Varanasi court. The revision has been filed challenging the Varanasi district judge's order dated Oct 21, 2023, refusing to direct the ASI to undertake a survey of the Wuzukhana area except for the Shivling inside the Gyanvapi mosque .
The present revision petition has been filed by Rakhi Singh one of plaintiffs in Sringar Gauri worshipping suit before Varanasi court. In her revision, Rakhi Singh has pleaded that the survey of the Wuzukhana area is necessary in the interest of justice. It shall benefit the plaintiffs and defendants alike and help the court arrive at a just decision in the suit.
Earlier, at one stage, the Anjuman Intezamia committee of Gyanvapi mosque had filed its counter affidavit (reply) before the high court stating that matter relating to Wuzukhana and Shiva Linga is already pending before the apex court and there is stay order operating that it should be preserved and its safety and security has been handed over to district magistrate, Varanasi. So in this backdrop, the district judge, Varanasi has rightly rejected the application of Hindu side on Oct 21, 2023, seeking ASI survey of the Wuzukhana area except for the Shivling inside the Gyanvapi mosque, as the matter is covered by the apex court's interim orders arising out of the same suit.