The Allahabad High Court.
Credit: PTI File Photo
Lucknow: The Allahabad High Court on Monday rejected Sambhal Jama Masjid Committe's petition challenging the order of a lower court instructing for a survey of the Mosque, which, the Hindu petitioners claim, was built after demolishing a temple by a commander of Mughal emperor Babar.
A single bench comprising Justice Rohit Ranjan ruled that order of the lower court to order a survey of the Mosque by the Archaeological Survey of India (ASI) and appoint an advocate commissioner was maintainable.
The HC had earlier reserved it's order on May 13 after hearing the rival parties.
In it's order, the HC said that the case was not barred by the 1991 Act and that it essentially concerned a demand for rights over a disputed property.
The court said it found no reason to interfere with the lower court's order.
Earlier while hearing a petition seeking whitewashing of the Mosque, the court had allowed the structure to be termed as 'disputed'.
Vishnu Shankar Jain, the counsel for the Hindu petitioners, said that the review petition filed by the Mosque Committee had been rejected.
The Muslim side had pleaded that the lower court passed the order for survey on the same day the application was filed. It contended that the lower court had passed it's order in haste and sought quashing of the same.
The Mosque Committee had also moved the Supreme Court which had stayed the proceedings in the lower court and directed it to approach the HC. The stay was now vacated.
A district court had last year allowed an application moved by some Hindu petitioners, who contended that the Mosque was built after demolishing the Harihar Temple and sought survey of the structure.
The Hindu petitioners hailed the decision of the HC while the lawyer for the Muslim petitioners said that the order would be studied and further course of action would be decided.
Four persons were killed when violence broke out during the survey of the Mosque in November last year.