Case Law Details
Smt. Rakhi Singh Vs State of U.P (District Court of Varanasi)
In Gyanvapi case court rejected the Muslim side’s petition and said the suit is maintainable. The next hearing of the case is on Sep 22. Court held that suit of the plaintiffs is not barred by the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983, Section 85 of The Waqf Act 1995 and section 4 of the Places of Worship (Special Provisions) Act, 1991.
FULL TEXT OF THE JUDGMENT/ORDER OF DISTRICT COURT OF VARANASI
Application 35C has been filed by the defendant no.4 under Order 7 Rule 11(d) of CPC. In this application, the applicant/defendant no.4 has prayed that plaint of this case is barred under Order 7 Rule 11(d) CPC. Therefore, the plaint be rejected.
In the application 35C, it has been mentioned by the applicant/defendant no.4 that the suit has been filed by the plaintiff for the declaration that the plaintiffs have right to worship the God at plot no. 9130 and the defendants be restrained from interfering in the worship, Arti and Bhog of Gods by the plaintiffs at plot no. 9130. The defendants be also restrained from demolishing and destroying any part of it. It has been narrated in the application 35C that Gyanvapi Masjid is established at plot no. 9130 since about 600 years and it exists there till today. In this mosque, the common Muslims of Varanasi city and nearby area have been offering Namaz of five times and Namaz of Eid & Jumma without any interference. The Parliament has enacted the Places of Worship (Special Provisions) Act, 1991 in the year 1991. In this Act, it has been provided that the places of worship will remain in the same position in which they were on 15th August, 1947 and regarding such places of worship, no suit will be maintainable in any court. Further, in 1983, Shri Kashi Vishwanath Act, 1983 was enacted in Uttar Pradesh. In this Act, it has been provided that Board of Trustees will be created which will look after Shri Kashi Vishwanath Mandir and all Gods and Goddesses in its compound.
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