Allahabad HC.
Credit: DH Photo/ Puneeth N
Prayagraj: The Allahabad High Court on Wednesday fixed March 20 as the next date for hearing a plea challenging maintainability of the suit seeking 'removal' of Shahi Idgah mosque in Mathura which it claims has been built on 13.37-acre land of Katra Keshav Deo temple.
The Muslim side told the high court that the suit seeking 'removal' of the mosque adjacent to the Krishna Janmabhoomi temple is barred by the law of limitation.
After hearing the matter, Justice Mayank Kumar Jain fixed March 20 as the next date of hearing.
In continuation of her earlier arguments, counsel for the Muslim side Taslima Aziz Ahmadi, appearing through video conference, submitted before the court that the suit is barred by the limitation law.
Ahmadi argued that the two parties entered into a compromise on October 12, 1968, and the compromise was confirmed in a civil suit decided in 1974. The limitation to challenge a compromise is three years but the suit has been filed in 2020 and thus it is barred by limitation, she said.
The court on Wednesday also asked the Muslim side to file objections by March 20 on an application seeking directions to the Muslim side not to prevent Hindu devotees from performing worship at the Krishna Koop (well) situated at the Shahi Idgah of Mathura and to maintain adequate security and safety during the worship.
The court asked the Muslim side to file objections by the next date fixed seeking puja inside the Shahi Idgah premises on 'Mata Sheetla Saptami' (April 1) and on 'Mata Sheetala Ashtami' (April 2) as per Hindu calender.
In the plea filed by Ashutosh Pandey, it was said that every year, on the premises of the disputed property, worship is performed by Hindu devotees as 'Bassoda Puja'.
"This year, such puja dates would be falling on 1.4.2024 as 'Mata Sheetla Saptami' and on 2.4.2024 as 'Mata Sheetala Ashtami'. On the said dates, as per past practice, Bassoda Puja has to be performed by the plaintiffs, while the defendants are preventing them from performing such 'puja and archana' in Krishna Koop," the petition said.
During the hearing on the main plea, it was further submitted by the Muslim side that a suit has been filed for possession after removal of structure of Shahi Idgah masjid as well as for 'restoration of temple and for permanent injunction'. The prayer in the suit shows the structure of the masjid is there and the committee of management is in possession of the same, Ahmadi said.
"In this way a question/dispute has been raised on Waqf property and thus provisions of Waqf Act will apply and in such it is the Waqf tribunal who has jurisdiction to hear the matter and not a civil court," she said.
A total of 18 suits have been filed in the Shahi Idgah-Krishna Janmabhoomi dispute.