Prayagraj: The Allahabad High Court on Monday rejected the appeal of Committee of Management Anjuman Intezamia Masajid challenging the amended order of the Varanasi District Judge granting the right of worship to the Kashi Vishwanath Temple Trust in the cellar on the south side of Gyanvapi complex.
The appeals made seeking to stop worship in the cellar were dismissed by the single bench of Justice Rohit Ranjan Agarwal.
"I find that both the appeal filed under Order XLIII Rule 1 (s) CPC fails, which questions the order dated January 17 and January 31 passed by the District Judge, Varanasi, on application 9-C filed under Order XL Rule 1 CPC appointing District Magistrate, Varanasi as Receiver of Vyas tehkhana (cellar) and arranging for worship and performance of rituals by the priest, nominated by the plaintiff and Shri Kashi Vishwanath Trust Board. Thus, both appeals are hereby dismissed," the court stated.
The court observed, "Considering the overall submissions advanced by the respective counsel of the parties and after analysing the material on record, I find that the appellant has not made out any case for interfering in the order dated January 17 and January 31 appointing the District Magistrate, Varanasi, as Receiver and arranging to carry out worship and rituals in Vyas tehkhana (cellar) under his supervision by the priest, so appointed. Moreover, worship has already started in the cellar since February 1."
It may be noted that on January 31, the District Court directed Varanasi District Magistrate to make arrangements for the worship of idols seated inside the basement situated on the south side of the Gyanvapi complex.
The court of District Judge Ajay Krishna Vishvesha in the case of Shailendra Kumar Pathak versus the Committee of Management, Anjuman Intezamia Committee, and others.
The court ordered, "District Magistrate Varanasi and Receiver are directed to perform puja, Raag-Bhog of idols located in the basement on the south side of the building of settlement plot number 9130, which is the suit property, by a priest named by the plaintiff and the Kashi Vishwanath Trust Board. Get the puja, raga-bhog performed and make proper arrangements for the iron fence within 7 days for this purpose."
Prior to this, the District Court on January 17 appointed the District Magistrate as receiver of the area and asked him to take over the premises. Challenging both orders, the Committee of Management, led by Anjuman Intezamia Masajid, moved the Allahabad High Court.
