Allahabad High Court Upholds Survey Order For Shahi Jama Masjid In Sambhal

Allahabad High Court Upholds Survey Order For Shahi Jama Masjid In Sambhal

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In a significant legal development, the Allahabad High Court on Monday dismissed the plea filed by the Sambhal Mosque Committee challenging a lower court's order that permitted a survey of the Mughal-era Shahi Jama Masjid in Uttar Pradesh's Sambhal district. The decision was delivered by Justice Rohit Ranjan Agarwal, who had earlier reserved his verdict after hearing both sides.

The High Court upheld the November 2024 order of the Sambhal trial court, which had directed the appointment of an Advocate Commissioner to conduct a survey of the mosque premises. The Mosque Committee had contested the decision, questioning the speed and legality of the order passed just hours after the suit was filed on November 19.

According to a report by Live Law, the bench observed that Hindu plaintiffs are prima facie not barred from approaching the court. The original suit, filed by eight plaintiffs including Mahant Rishiraj Giri and senior advocate Hari Shanker Jain, claims that the mosque was constructed in 1526 after demolishing the historic Harihar Temple at the site.

Reacting to the High Court’s decision, Advocate Vishnu Shankar Jain, representing the plaintiffs, told PTI, “The order of Allahabad High Court is very crucial for those who questioned how the court appointed survey commissioner on November 19 and November 24 as a party, and ordered a survey without listening [to] the survey committee. This is a breach of law, and questions were raised over the court and the concerned parties.”

The Mosque Committee, in its plea, alleged procedural irregularities, noting that the trial court acted with unusual haste, appointing a commissioner within hours of the suit being filed. The committee also raised concerns about the legality of conducting a survey at a centuries-old religious site.
 

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