JUDGMENT :

PRITINKER DIWAKER, C.J.

1. The present petition has been filed under Article 227 of the Constitution of India challenging the order dated 21.7.2023 passed by the District Judge, Varanasi in Original Suit No. 18 of 2022 (693/2021) (Rakhi Singh and Others vs. State of Uttar Pradesh and Others). It has been prayed that this Court may direct the court below not to proceed any further in pursuance of the impugned order dated 21.7.2023.

2. By the order impugned dated 21.7.2023, the Court below allowed the applications 327C and 330C of the plaintiffs and issued the following directions:

“(a) The Director of ASI is directed to undertake the scientific investigation/survey/ excavation at the property in question i.e. at Settlement Plot No. 9130 in the case excluding the areas sealed by the Hon’ble Supreme Court vide order dated 17.05.2022, 20.05.2022 as well as vide order dated 11.11.2022 in SLP (C) No. 9388/2022 titled as Committee of Management Anjuman Intejamia Masajid Varanasi vs. Rakhi Singh and Others.

(b) The Director of ASI is also directed to conduct a detailed scientific investigation by using GPR Survey, Excavation, Dating method and other modern techniques of the present structure to find out as to whether same has been constructed over a pre-existing structure of Hindu temple.

(c) The Director of ASI is also directed to conduct scientific investigation in the light of the averment made in this application after associating the Plaintiffs, Defendants and their respective counsels and submit report to this Hon’ble Court upto 04-08-2023 and also to photograph and video-graph the entire survey proceedings.

(d) The Director of ASI is also directed to investigate the age and nature of construction of the western wall of the building in question through scientific methods.

(e) The Director of ASI is also directed to conduct Ground Penetrating Radar (GPR) survey just below the 3 domes of the building in question and conduct excavation, if required.

(f) The Director of ASI is also directed to conduct Ground Penetrating Radar (GPR) survey beneath the western wall of the building and conduct excavation, if required.

(g) The Director of ASI is also directed to conduct Ground Penetrating Radar (GPR) survey beneath the ground of all the cellars and conduct excavation, if required.

(h) The Director of ASI is also directed to prepare a list of all the artefacts which are found in the building specifying their contents and carry out scientific investigation and undertake dating exercise to find out the age and nature of such artifacts.

(i) The Director of ASI is also directed to conduct dating exercise of the pillars and plinth of the building to find out the age and the nature of construction.

(j) The Director of ASI is also directed to conduct GPR survey, excavation wherever required, dating exercise and other scientific methods for determining the age and nature of construction existing at the site in question.

(k) The Director of ASI is also directed to investigate the artefacts and other objects of historical and religious importance existing in different parts of the building and also beneath the structure which may be found during such exercise.

The Director of ASI is also directed to ensure that there should be no damage to the structure standing on the disputed land and it remains intact and unharmed. Report will be submitted up to 04-08-2023. Put up on 04-08-2023 for further proceedings.”

3. In the aforesaid Suit, bearing O.S. No. 18 of 2022 (Old Regular Civil Suit No. 693 of 2021), filed by the plaintiffs, it has been prayed to protect their right to religion guaranteed under Article 25 of the Constitution of India. They also prayed for issuance of a mandatory as well as permanent injunction to the defendants to the effect that no interference be made in performance of Darshan, Pooja of Goddess Maa Shringar Gauri, Lord Ganesha, Lord Hanuman, Nandiji, visible and invisible Deities, Mandaps and Shrines, existing within old temple compl