PRAYAGRAJ: The Allahabad excessive courtroom will hear on Thursday a civil revision petition filed earlier than it difficult Varanasi’s district decide’s order dated October 21, 2023, by which he had refused to direct the Archeological Survey of India (ASI) to undertake a survey of the Wuzukhana area besides for the ‘Shiva Linga’ contained in the Gyanvapi Mosque adjoining to Kashi Vishwanath temple in Varanasi.
This civil revision petition has been moved by one Rakhi Singh. Rakhi is the plaintiff no-1 within the Shringar Gauri worship go well with of 2022, which is presently pending earlier than the Varanasi’s district courtroom.
In her software earlier than the Varanasi courtroom, which was rejected on October 21, 2023, the first rivalry raised by Rakhi Singh was that the survey of the Wuzukhana, excluding the ‘Shivalinga’ was vital to confirm the spiritual character of the property in query (Gyanvapi precincts).
Nevertheless, whereas rejecting her software, the district decide had noticed in his order that the apex courtroom vide its order dated Could 17, 2022 had ordered to duly defend the area the place the ‘Shivalinga’ was said to have been discovered and due to this fact, it was not correct to direct the ASI to survey the area as it might violate the Supreme Court docket’s order.
Within the order dated October 21, the district decide additionally famous that the actual area was additionally excluded from the ambit of the ASI survey ordered by his courtroom vide an order dated July 21, 2023, handed within the 2022 go well with.
In her revision plea, the petitioner – Rakhi Singh has pressured that the survey of the Wuzukhana area is critical within the curiosity of justice, and it shall profit the plaintiff(s) and defendants alike and are available support of the courtroom to arrive at a simply resolution within the 2022 go well with.
It has additionally been contended that the district decide, in his October 21 order failed to train the jurisdiction vested within the courtroom by regulation to direct for the survey of the Wuzukhana area.
It could be famous that the ASI has already carried out a scientific survey of the Gyanvapi complicated in Varanasi and has additionally submitted its report to the Varanasi district decide.
The ASI carried out this survey in accordance with the July 21 2023 order of the Varanasi district decide to decide if the mosque was constructed over a pre-existing construction of a Hindu temple.