Vijay Kumar Shukla, J.

[1] The aforesaid petitions and appeal deal with the common issues, to the claim of prayer by hindus/namaz by muslims/prayer by Jain samaj in “disputed area‖ of Bhojshala and Kamal Maula Mosque situated at Dhar. In these petitions, a challenge has also been made to the order dated 7.4.2003 passed by Archaeological Survey of India to the extent to restrict the right of Hindus to worship in Bhojshala Complex “the disputed area‖ on a particular day and timings and also challenge to the order permitting the muslim community to offer namaz on Friday in the “disputed area‖ and in some petitions different reliefs are claimed in relation to the same “disputed area‖. Regard being had to the similitude of these petitions, they are being disposed of by the common order, however, the facts of each case and the arguments of learned counsel for parties are recorded separately.

                          WRIT PETITION NO.10497/2022

                          (HINDU FRONT FOR JUSTICE (REGD. TRUST NO.976) THROUGH ITS PRESIDENT MS. RANJANA AGNIHOTRI & ORS.

                          Versus

                          UNION OF INDIA & ORS.

                          [2] The present petition is filed under Article 226 of the Constitution of India seeking following reliefs:-

                          “[i] Issue an appropriate writ, order, direction or declaration to the effect that only the members of Hindu Community have fundamental right under Article 25 of the Constitution of India to perform pooja and rituals at the place of Goddess Vagdevi/Maa Saraswati within the premises of ‘Saraswati Sadan‘ commonly known as ‘Bhojshala‘ situated at khasra land No.604 (Old No.313) within the city and District Dhar, State of Madhya Pradesh and the members of Muslim community have no right to use any portion of the aforesaid property for any religious purposes;

                          [ii] Issue an appropriate writ, order or direction to the Government of India to create a Trust under the provisions of Trust Act, 1882 for the purposes of administration and management of the affairs of Bhojshala Temple and Sanskrit learning within the property in question at Land No.604 situated at Dhar town, District- Dhar and ASI be directed to continue to have overall administration and management of the property in accordance with the provisions of 1958 Act;

                          [iii] Issue an appropriate writ, order or direction to the Trust (created by the Govt. of India in terms of prayer number (i) to re-establish the idol/Pratima of Goddess Saraswati and make provision for Darshan, Pooja and Worship of Goddess Saraswati and make proper management of Sanskrit learning in consonance with the Bhojshala as originally established; |

                          [iv] Issue an appropriate writ, order or direction restraining the Respondents from allowing the Muslims to perform prayer or worship in any manner within the temple complex i.e. property in question at Land No.604 at City and District Dhar;

                          [v] Issue an appropriate writ, order or direction quashing para 1 of the order dated 07.04.2003 passed by Director, Archaeological Survey of India and also para 3 of the said order to the extent it restricts the right of Hindus to worship within Bhojshala complex i.e. the property in question at Land No.604 (old 313) in the city of District Dhar and direct that Hindus shall be permitted to perform Pooja daily without any restriction;

                          [vi] Issue an appropriate writ, order or direction directing the Government of India to undertake every effort to bring back the Pratima of Goddess Saraswati from London Museum in United Kingdom and re-establish the same within the ‘Saraswati Sadan‘/Bhojshala complex situated at Khasra land No.604 (Old No.313) within the city and District Dhar, State of Madhya Pradesh;

                          [vii] Issue any other writ, order or direction in favour of the Petitioners as may be deemed fit and proper in the interest of justice and for which the Petitioners may be found entitled to;

                          [viii] Allow the Petition with costs;

                          [3] Learned counsel for petitioner Shri Vishnu Shankar Jain submitted that the present petition is not for claim of ownership on the disputed area of Bhojshala and Kamal Maula Mosque. The prayer (i) is regarding claim of exclusive right of worship on the disputed portion of khasra land 604 (old 313) (which shall be hereinafter referred as “disputed area‖) of Bhojshala and Kamal Maula Mosque and also a declaration that the members of muslim community have no right to use any portion of the aforesaid property for any religious purposes.

                          [3.1] The prayer (ii) is regarding seeking a direction to the government of India to create a trust under the provisions of the Trust Act, 1882 for the purpose of administration and management of affairs of Bhojshala temple and Sanskrit learning and also a direction to Archaeological Survey of India (hereinafter shall be referred as “ASI‖) to continue to have overall administration and management of the property in accordance with the provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter shall be referred as “Act 1958‖).

                          [3.2] The prayer (iii) in which the petitioner has further sought a direction that the said trust created by the government of India in terms of the relief number (ii) be directed to re-establish the idol/pratima (statue) of goddess saraswati and make provisions of darshan, pooja and worship of goddess saraswati and also to make proper arrangement of Sanskrit learning in consonance with the bhojshala as originally established.

                          [3.3] The relief number (iv) is more or less in the same nature of relief number (i) seeking a direction to the respondents to restrain from allowing the muslims to perform prayer/namaz in any manner in the disputed portion of the said land.

                          [3.4] The relief number (v) is regarding quashment of Para 1 of the order dated 7.4.2003 passed by the Director, ASI and also para 3 of the said order to the extent it restricts the right of Hindus to worship within the disputed portion of the said land and they be directed to permit the Hindus to perform puja daily without any restriction.

                          [3.5] The relief number (vi) is to the Government of India to undertake every effort to bring back the pratima of goddess saraswati from London Museum U.K and to re-establish the same within bhojshala complex.

                          [3.6] The other relief is any other relief deem fit in the interest of justice.

FACTS OF WP NO.10497/2022

[4] In support of their reliefs, the petitioner has asserted the following facts which are mentioned as under:-

                          [4.1] The Petitioner No.1 is a registered Trust in the name and style “Hindu Front for Justice‖ having Registration No.976/2021, Lucknow. The scope of working of the Trust is within whole of India and abroad. This petition is being filed by founding Trustee Ms. Ranjana Agnihotri to and on behalf of the Trust. The aim and object of the Trust is to abide and cherish the noble and great ideals enshrined in Vedas, Shastras, Upanishads, Ramayana and various Hindu scriptures and to achieve the goal of the Trust to approach the Court for redressal of grievances of the Hindu community. The Trust is committed for restoration of places of worship through procedure of law which were damaged/destroyed during pre independence era. The Trust/office bearers have knocked ‘the doors of the Court espousing the cause of the members of the society. This case is one of the issues haunting the heart and mind of the members of the Trust and crores of Hindus in India and abroad. The trust has passed a resolution on 20.02.2022 to file the Writ Petition raising the issue of Bhojshala in the interest of the community and the Nation and they have authorized the founding trustee Ms. Ranjana Agnihotri to file this petition on behalf of the Trust. The copy of the Trust Deed registration No.976/18.12.2021 registered in the office of Sub-Registrar, Lucknow, U.P. The Petitioner No.2 Ms. Ranjana Agnihotri is the founding Trustee of the Petitioner Trust. She is a practicing Advocate at Lucknow Bench of Allahabad High Court. She is a social worker as well. She has been an Advocate in the famous Ayodhya Case for Shri Ram Janmabhoomi. She is also actively involved for restoration of the religious and cultural places of Hindus which are pride for the country as well. The Petitioner No.3 Ashish Goyal is the President of District Unit Dhar of the Trust. He is a graduate in Science (Mathematics). He is engaged in business at District Dhar. He is also doing a number of social works. He is an active member of Bharatiya Janata Party. He is associated with a number of organisations namely, Akhil Bharatiya Vidyarthi Parishad, Hindu Jagran Manch, Vishwa Samvad Kendra, etc. He is actively working for the re-establishment of Pratima of Goddess Vagdevi at Bhojshala Temple. The Petitioner No.4 Ashish Janak is having a degree of LLB. He is engaged in business. He is involved in doing work for public good and is a social worker. He is associated with Bharatiya Janata Yuva Morcha, Seva Bharti, Sahkaar Bharti, Farmers Union etc. He is active member of Bharatiya Janata Party. The Petitioner No.5 Mohit Garg is having degree of LLM and has obtained a degree of MBA from United Kingdom. He is the Director of Betul Law College and Radha Krishan Degree College, Betul. He is associated with a number of social organisations and is actively involved in social service by providing education and financial assistance to the needy. He is actively associated with Bharatiya Janata Party. The Petitioner No.6 Jitender Singh “Vishen‖ is an agriculturist and a social worker. He is founder trustee of Vishwa Vedic Sanatan Sangh. He is committed to espouse the cause of cultural heritage of India and to work for securing the right to religion available to Hindus in Article 25 and 26 of the Constitution of India. He is involved in social service in a number of ways. He is working for inter caste marriages amongst Hindus and to prevent inter faith marriages. He is committed to work to eradicate the caste system | developing in India due to political reasons. The Petitioner No.7 Sunil Saraswat is a journalist and a social worker. He had worked in Hindi Dainik Bhaskar. Since 2008 he is running his own printing press and is doing the business of constructing houses. He has been involved in number of agitations concerning the public cause. He is District Vice President of Bharatiya Janata Party District Ratlam.

                          [4.2] The petitioners have filed the Public Interest Litigation challenging the order dated 7.4.2023 passed by Director General of Archaeological Survey of India allowing muslims to offer namaz within Bhojshala Complex, the property in question and restricting the right of Hindus to worship within the aforesaid premises. The petitioners are espousing the cause of Hindu community for enforcement of right to religion guaranteed under Article 25 and right to conserve cultural heritage under Article 29 of the Constitution of India. The petitioners have also prayed to re-establish the idol of goddess Saraswati (Vagdevi) which was established according to them by King Bhoj in the year 1034 AD for the purposes of imparting education of Sanskrit, Literature, Grammer, the education of Astrology, Astronomy, Vedas and Shastra.

                          [4.3] The destruction of a temple and its continuance in the same form is a continued trauma for the worshippers denying them to achieve spiritual power and in such a situation the life of worshippers remain in jeopardy giving day to day tease and feeling of humiliation done by the invader and such continued wrong has to be rectified under the sweep of Article 13(1) of the Constitution of India to protect the life and religious rights guaranteed under Article 21 and 25 of the Constitution of India. The instant case is of one such trauma that Hindus are facing for more than 700 years in respect of the temple of Goddess Vagdevi (Maa Saraswati) established by the celebrated King Bhoja in 1034 A.D; but the Muslim invaders having hatred against idol worship tried to convert the temple complex into a mosque but failed, despite that they‘re still claiming the temple as Kamal Maula Mosque and Government has conceded to their pressure by illegally allowing them to offer Namaz on Fridays.

                          [4.4] This Writ Petition is being filed to preserve and protect the cultural heritage of India and also to exercise Right to Religion guaranteed by Article 25 of Constitution of India for issuance of necessary directions to government and its functionaries restraining them from interfering in the right of worship of Hindus and the protected monument be used only and only for Hindu place of worship and the Pratima/Idol of Goddess Saraswati lying in London Museum since 1903 be re-established.

                          [4.5] The case of Petitioners is that the members of Hindu community be allowed to re-establish the Pratima of Goddess Saraswati within Bhojshala complex and re-establish the Gurukul education for imparting Sanskrit language for which the complex had been constructed by most celebrated King Raja Bhoj of Parmar Dynasty and further that the members of Muslim community be not allowed to enter into the said place. The Petitioners through this petition are espousing the cause of members of Hindu community to protect the right to religion under Article 25 and right to preserve cultural heritage enshrined in Article 29 and duty cast upon under article 51-A of the Constitution of India to value and preserve the rich heritage relating to Bhojshala complex.

                          [4.6] The subject matter of this petition is the ancient temple of Goddess Vagdevi (Maa Saraswati) situated at Land No.604 (Old Land No. 313) in the city of Dhar (State of Madhya Pradesh), commonly known as Bhojshala. In a site plan Bhojshala temple complex has been shown by letters A,B,C,D and the same is being referred to as the “disputed area‟ hereinafter. The graves/tombs existing adjacent to the temple complex have also been shown in the site plan.

                          [4.7] There is an ancient Jal Kund along side Bhojshala temple complex and is part of the temple. This Kund is ancient. There is natural water from ancient times emerging from underground. It is part and parcel of the temple complex. In the Bhojshala temple complex there is place for performing “Havan‘, which is called Havan Kund. The Havan Kund can never be found in any Mosque. The Hindus perform Havan in Havan Kund on every Basant Panchami day and they cannot perform Havan and other rituals on other days due to the restriction imposed by Director, Archaeological Survey of India vide order dated 07.04.2003.

                          [4.8] The Petitioners, the devotees of Goddess Saraswati, are asserting their right to re-establish, Idol/Pratima of Goddess Vagdevi i.e. Maa Saraswati and to have Darshan and Pooja of the deity within the temple complex at Land No.604 (Old No.313) situated in the town of Dhar which is being prevented by the respondents without any authority of law and thus the right to religion guaranteed under Article 25 of the Constitution of India is being infringed. The Petitioners are followers of Sanatan Dharm and believe in idol worship. They cherish the Sanskrit language. They admire the Gurukul education system prevalent in India since ancient times. It is the duty of every citizen of the country including the Petitioners to preserve and protect the ancient culture, scriptures, Sanskrit language, astronomy, astrology and ancient ethos due to which India was considered “Vishwa Guru‖.

                          [4.9] It is a historical fact that King Bhoj in the year 1034 A.D at Dhar had established a magnificent temple of Goddess Saraswati alongwith the Gurukul for imparting education of Sanskrit language and grammar, Astronomy, Astrology, Vedas, Shastras, etc. and to educate the disciples regarding Indian tradition, culture as well as Vedic sciences prevalent in the great country of “Bharatvarsha‖. The place constructed and established by King Bhoj is known as “Bhojshala‘ situated within the town‘ of District Dhar (Madhya - Pradesh). In the temple complex Sanskrit Vyakran (Grammar) inscribed as Chitra kavi was depicted on the walls of the temple. Vyakran chakra (Grammars shlokas written in circular diagrams) are found in the Bhojshala complex.

                          The entire Vyakarana Shastra had been written in verses and charted in the form of wheel. The intention of the original sculptures and builders is obvious that the science of language should be always present through Vyakran (Grammar) in the mouth of the follower of Veda. It is said that a mere glance of the giant wheel would make the vyakran (Sanskrit Grammar) very clear. Vyakaran has the status of an object of reverence and worship, and therefore, the wheel of vyakran was installed in the temple complex.

                          [4.10] It is pertinent to mention that in Bhojasala (School of Bhoja) Goddess Saraswati was worshipped as a divinity of learning. Bhojasala (School of Bhoja) in Dhar refers both to the centre of Sanskrit studies and temple of Saraswati.

                          [4.11] The Bhojshala was first attacked by infamous and cruel invader Allauddin Khilji in the year 1305 AD. History speaks that more than 1200 students and teachers of Bhojshala were massacred as they refused to convert into Islam. Hindu King Mahal Dev bravely fought and sacrificed himself in the battle. Thereafter, a portion of Bhojshala was dismantled and the images of God and Goddess engraved in the building complex were severely damaged however, Khilji failed to raise any Islamic building thereat. That in the year 1401 Ruler Dilavar Khan had also tried to convert part of Saraswati temple into mosque but utterly failed. In the year 1514 AD Mahmood Shah Khilji attacked Bhojshala for the 2nd time and unsuccessfully tried to capture Bhojshala complex, however, he captured a portion of land outside Saraswati temple i.e. temple-complex and in the name of ‘Kamal Maula‘ constructed a maqbara 204 years after the death of Maulana Kamaluddin. It is a matter of recorded history that Maulana Kamaluddin had died at ‘Karnawati‘ now known as ‘Ahmedabad‘ in the year 1310 and had been buried at Ahmedabad. Due to Muslim invasion the situation of Bhojshala has been changed and number of tombs/graves have been forcibly and illegally raised at the edge of the sword within the area of Bhojshala. However, the Muslim invaders could not change the religious character of the temple of Goddess Saraswati. The temple-complex could not be converted into a non-Hindu and/or an Islamic building, whereas there are numerous images and sculptures of Gods and Goddess that are still found within the temple-complex and a number of idols are lying beneath the floor as well as a big idol of Lord Hanumanji is still lying there which has been buried under the floor. The unfortunate part is that Muslim invaders in their traditional style of destroying the places of learning and worship of Hindus and removing/damaging the idols to show the might of the sword of Islam had damaged the place of worship of Goddess Saraswati at temple complex and tried to convert the same into a mosque but they failed as after destroying the idols they could not raise any mosque thereat. It is a matter of history that there existed a grand temple of Goddess Vagdevi (Saraswati) and learning center established by the most celebrated King Bhoja in 1034 AD. The entire temple complex was dedicated to Goddess Vagdevi. There was provision for imparting education to the disciples. It was a great learning and spiritual center for followers of Sanatan Dharm. The Muslim invaders damaged the temple complex. The Hindus and worshippers of Goddess Saraswati are not being allowed to perform their daily pooja and thus, the religious rights of the members of Hindu community are being infringed and there is atmosphere of chaos and unrest due to the illegal demand raised by Muslims to use the place in question as Mosque.

                          [4.12] It is further pleaded that in 1875 AD during British Rule Major General William Kincaid was working as political agent of British Government. He excavated the temple complex and the idol of Goddess Vagdevi (Maa Saraswat‘) which had been buried there by Muslim rulers was taken out. In the year 1903 AD Lord Curzon took away the idol of Vagdevi found within temple complex and the same has been kept in a museum in England. The full description of Pratima is available on the official website of British Museum i.e. www.britishmuscun.org/collection/object/A 1909-1224-1.

                          [4.13] That an inscription on the base of a Pratima notes that Vararuci, an official in Paramara kingdom, had made two pratima, together with the pratima of 3 Jinas (tirthankaras): one of Vagdevi and another of Amba. Both forms Vagdevi and Amba represent the divinity of Saraswati. The two Pratima of Saraswati, are both over 1000 years antiquity and are now held in the British Museum. British Museum should return the Pratima for puja (worship) in Saraswati Mandiram (temple), Dhar, Central India. A Pratima is a sculptural representation of divinity. After Pranapratistha, a process including Vedic recitations, the Pratima comes alive, in a temple, as sacred murti for worship, for offering daily puja by devotees. Such a murti renders the Hindu shrine sacred and inviolate. That in 1903, a Sanskrit and Prakrit inscription from the time of Arjunavarman (circa 1210-15) was found in the walls of the building by KK. Lele, Superintendent of Education in the Princely State of Dhar. The engraved inscription is displayed inside the entrance. The text includes parts of a drama called Vijayasrinatika composed by Madana, the king‘s preceptor, or ‘Balasarasvati‘. Other inscribed tablets noted by Lele included a large tablet inscribed with the | Kurmasataka-verses in praise of the Kurma incarnation of Vishnu and a serpentine inscription containing the grammatical rules of the Sanskrit language. These finds, particularly the grammatical inscription, promoted Lele to name the building Bhoj Shala, or ‘Hall of Bhoja‘, in reference to King Bhoja (circa 1000-55), the author of several works on poetics and grammar such as the famous Saraswastikanthabharana or ‘Necklace of Saraswati‘. The term ‘Bhoj Shala‘ was first published by C.E. Luard in 1908.

                          [4.14] In order to establish the construction of Bhojshala and temple of goddess Vaghdevi (Saraswati) in 1034 AD he referred the Imperial Gazetteer of India 1908, Royal Asiatic Society published journal in 1904, the explanation note given by Mr.K.K. Lele, Superintendent of Education in the Dhar State, Book ‘Mandu‘, the city of Joy written by G.Yazdani, Director of Archaeology in H.E.H, The Nizam‘s Dominions and Epigraphist to the Government of India for Muslim inscriptions in the year 1929 about Bhojshala, research made by John Malcolm and Michael Willis, Indian Archaeological Review 1972-73.

                          [4.15] He further referred the legal history of the cases. That one Amiruddin S/o Waziruddin was first to file Civil Suit No.42 of 1962 impleading Union of India, the Government of Madhya Pradesh and later on Thakur Nihal Chandra, President Hindu Mahasabha Dharand Bhoj Smriti Utsav Committee were also impleaded as Defendants, praying that the possession of Kamal Maula mosque be handed over to him from Defendants and also for restraining the Defendants from interfering in offering namaz 5 times in Masjid Kamal Maula. Later, the suit was renumbered as 40(A) of 1962 and was sent to the Court of Additional District Judge, Dhar. In the suit the Plaintiff had alleged that there existed a mosque at land No.313 and same was a protected monument under 1904 Act. The suit was dismissed in default vide order dated 27.9.1969 passed by First Additional District Judge, Dhar.

                          [4.16] That after filing the suit No.40-A of 1962 Thakur Nihal Chandra, President Hindu Mahasabha Dhar and Bhoj Smriti Utsav Committee Dhar were impleaded on their application as Defendants No.3, 4 and 5. All the Defendants filed written statement. The ASI had filed written statement in the Court of Civil Judge and again in the Court of Additional District Judge on 5.7.1969. The written statement was filed by private defendants on 4.5.1964 in Suit No.40-A of 1962. ASI has also filed written statement in Suit No.40-A of 1962 filed on 30.11.1963 and 5.7.1969. The suit was dismissed in default by 1st Additional District Judge, Dhar by order dated 27.9.1969.

                          [4.17] That one Vimal Kumar S/o Fateh Lal Ji R/o 40 Raghunath Pura, Dhar had filed Writ Petition No.1295 of 1997 challenging order dated 12.5.1997, 13.6.1997 and 29.7.1997 which restricted the rights of Hindus. It was also prayed that ‘direction be issued restraining Respondents from prohibiting entry of believers of Goddess Saraswati and Hindus for entering into Bhojshala temple of Goddess Saraswati. The copy of Writ Petition No.1295 of 1997 filed by Vimal Kumar before Hon‘ble High Court at Indore Bench is annexed with the petition. That on behalf of ASI (Opposite Parties No.6,7 and 9) counter affidavit was filed in Writ Petition No.1295 of 1997. It was pleaded in para 5(h) that:- |

                          “...... the present structure was declared a Protected Monument, of national importance notified as Bhojshala and Kamal Maula Mosque vide AMPA Act No.7 of 1904, AMHARR Act (LXXI) of 1951 and AMAER Act of 1958 that there is no evidence available to prove that the present structure was the original Bhojshala built by great King Bhoja. Neither it can be asserted that present structure was the Saraswati temple, even though there are evidences in the nature of carved pillars, carved ceiling and stone slabs containing inscriptions.

                          The Persian inscription states that the mosque was built by one Mummad Shah Khilji in 826 AD or 1457 AD and it was in this nature, the structure was declared protected monument of national importance by virtue of its containing valuable inceptions pertaining to the of Udayaditya, Maraarwan and Arjuna Deva of the Parmar Dynasty, that it was accurized by the Central Government in 1951 under Section 13 of the Act XXIV of 1958 under nomenclature as Bhojshala and Kamal Maula mosque in which status it remains protected even today. The copy of reply filed on behalf of ASI in Writ Petition No.1295 of 1997 is annexed hereto and marked as ANNEXUREP-15.

                          [4.18] That later the Petitioner Vimal Kumar filed application in Writ Petition No.1295 of 1997 seeking permission to withdraw the writ petition. The Hon‘ble Court vide order dated 28.01.1998 accepted the prayer and the writ petition was dismissed as withdrawn with liberty to approach before the competent forum.

                          [4.19] That Director-General of ASI passed an order on 07.04.2003 in exercise of the powers under Rule 4 of The Ancient Monument and Archaeological Sites and Remains Rules, 1959 and partially notifying order No.F No.11/5/97-MCH dated February 5, 1998 making provisions for the entry into the Bhojshala-Kamal Maula Mosque at Dhar. It is provided that Muslim community shall be allowed access to the premises for Friday Namaz between | 1 to 3 pm and Hindus shall be permitted to hold traditional ceremonies on the occasion of Basant Panchami every year and shall be permitted access on every Tuesday from sunrise to sunset and the visitor could take a flower or two and a few granules of rice.

                          [4.20] That it is relevant to mention that the order dated 07.04.2003 passed by Director, ASI is still operating and is continuing offending the exclusive right of Hindus to worship within Bhojshala complex and Muslims are offering Namaz on the strength of the aforesaid order which is per se illegal and unconstitutional. That it may be pointed out here that one Qazi Zakaullah filed Writ Petition No.4216 of 2003 praying for setting aside order dated 07.04.2003 passed by Director General and Additional Secretary, Archaeological Survey of India by which members of Muslim community were allowed access to the premises for Friday Namaz between |1 p.m. to 3 p.m. and the members of Hindu community were permitted access to the premises to hold traditional ceremonies on the occasion of Vasant Panchami every year and also to have access free of charge on Tuesday from sunrise to sunset and visitors to come with flower and few grains of rice. In the Writ Petition no member of Hindu community or any Hindu organization were impleaded. That it is relevant to mention that Writ Petition No.4216 of 2003 was dismissed by Learned Single Judge of Hon‘ble High Court vide judgment and order dated 18.9.2003 providing that the writ petition was not the appropriate forum to examine the facts and that proper remedy was before the Civil Court.

                          [4.21] That from the website of the Hon‘ble High Court it has been revealed that the Writ Petitioner Shri Qazi Zakaullah had filed LPA No.766 of 2003 at Principal seat Jabalpur and the same was dismissed on 5.9.2005. That it has come to the knowledge that against the order dated 5.9.2005 passed in LPA No.766 of 2003, SLP(C) CC1800 of 2006 has been filed by Qazi Zakaullah before the Hon‘ble Supreme Court and same was withdrawn with liberty to take steps for revival of Letters Patent Appeal before the High Court. The further action if any, taken by aforesaid petitioner Qazi Zakaullah is not available.

                          [4.22] In the petition the petitioners have disclosed source of information stating that the petitioners have collected information from various cases decided and pending before this Hon‘ble Court and also from historical books, gazetteers, religious scriptures and information available on internet.

                          [4.23] They highlighted the nature of injury caused/apprehended that the religious rights of Hindus are being jeopardized and Respondents have no power or jurisdiction to infringe fundamental rights of citizens guaranteed under Article 25 and 29 of the Constitution of India. The Government machinery is showing undue favour and bias to the members of Muslim community and their attitude is hostile towards Hindu community. It is further declared that the issue raised has neither been dealt with nor decided.

                          [4.24] It is submitted that points involved in the petition have not been finally decided by any Court till date.

                          [4.25] That some writ petitions in respect of claim over temple complex of Bhojshala are pending before this Hon‘ble Court. The description of the pending cases are being given below:-