Allahabad HC Upholds Survey Order in Sambhal Mosque-Temple Dispute

By The Sampadak Express

The Allahabad High Court on Monday dismissed the plea filed by the Shahi Jama Masjid Management Committee challenging a court-ordered survey of the mosque premises in Sambhal, Uttar Pradesh. The decision paves the way for the continuation of the survey, which is at the heart of a dispute between the mosque and the adjacent Harihar Mandir.

Justice Rohit Ranjan Agarwal ruled that the suit filed by Hindu petitioners and the appointment of a court commissioner for the survey were legally maintainable. The high court had earlier reserved its verdict after hearing arguments from both sides, as well as representatives of the Archaeological Survey of India (ASI).

Background of the Dispute

The controversy stems from a civil suit filed by advocate Hari Shanker Jain and seven others before the Sambhal civil court, alleging that the Shahi Idgah Mosque was constructed in 1526 by Mughal emperor Babur after demolishing a pre-existing Harihar Temple at the site located in Mohalla Kot Purvi.

The local court had swiftly appointed an advocate commissioner on November 19, 2024, the same day the suit was filed, to carry out an initial survey of the site. A follow-up survey was conducted on November 24, with the court directing the submission of a report by November 29. The high court had initially put a temporary hold on the trial court proceedings.

Reactions from Both Sides

Shri Gopal Sharma, counsel for the Hindu side, welcomed the verdict, saying, “The court’s decision is according to the law. The survey ordered by the civil judge was entirely appropriate and within legal bounds.”

On the other hand, Shakeel Ahmed Warsi, representing the mosque committee, stated that the order was part of the ongoing judicial process and would be studied further for possible next steps.

The Supreme Court had earlier intervened on January 10, instructing the Sambhal district magistrate to maintain the status quo regarding a private well near the mosque’s entrance, restricting revival or prayer activities around it.

This ruling adds to a growing list of religious site disputes being adjudicated in Indian courts, with implications for heritage, faith, and historical narratives.

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