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Jaunpur mosque survey: Court to hear plea for security on Dec 16
A suit was filed before the Jaunpur court on May 17 by the Swaraj Vahini Association and Santosh Kumar Mishra, a local resident, seeking a declaration that the disputed property was ‘Atala Devi Mandir’
LUCKNOW The court of civil judge (junior division) in Jaunpur on Tuesday accepted an application of the Swaraj Vahini Association, seeking police security for the court commissioner for carrying out a survey of the 14th century Atala Masjid.
A suit was filed before the Jaunpur court on May 17, 2024 by the Swaraj Vahini Association and Santosh Kumar Mishra, a local resident, seeking a declaration that the disputed property was ‘Atala Devi Mandir’ and followers of the Sanatan religion have the right of worship therein.
They had also prayed for the possession of the disputed property and sought a mandatory injunction to restrain non-Hindus from entering the property in question.
“The court has fixed December 16 as the next date for hearing our plea to provide police security to the court commissioner for carrying out a survey of the Atala Masjid,” said advocate Yaswant Kumar Ojha, who is representing Hindu party, the Swaraj Vahini Association, in court.
Following orders of the court on July 31, 2024, court commissioner Ram Swarath Mishra, went to carry out a survey of the Atala Masjid. But the Muslim party, referred to as the Peace Committee in this case, did not allow the court commissioner to enter the mosque.
“We have not received any directive from the court for a survey of the Atala Masjid. At present, a hearing is going on in court,” said Dinesh Chandra, district magistrate, Jaunpur.
Hindu parties claimed that the 14th century Atala Masjid in Jaunpur was originally an ancient Atala Devi temple. The Swaraj Vahini Association and a local resident of Jaunpur, Santosh Kumar Mishra, filed the suit in Jaunpur court seeking declaration of the disputed site as Atala Devi Mandir.
A petition was listed before the Allahabad high court on Monday, which was filed by the management committee of the Atala mosque, challenging a local court’s order that directed the registration of a suit, which claimed that the mosque was originally an ancient Hindu temple (Atala Devi Temple). But it could not be taken up due to paucity of time.
Justice Rohit Ranjan Agarwal on December 7 had directed the ‘Swaraj Vahini Association’ (SVA) and Santosh Kumar Mishra, who were plaintiffs in the suit, to file their reply within three weeks.
“The matter requires consideration. Let a counter-affidavit be filed by both the respondents, within a period of three weeks. Rejoinder affidavit, if any, may be filed within a week, thereafter. List thereafter,” said Justice Rohit Ranjan Agarwal, Allahabad high court, on December 7.
The management committee of the Atala Masjid had pleaded before the high court that the plaint was defective, as the plaintiff, a society registered under the Societies Registration Act, was not a juristic person and, thus, was not competent to file the suit in a representative capacity.
