2026 Supreme(MP) 73
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA, ALOK AWASTHI
Hindu Front For Justice (Regd. Trust No. 976) Through Its President Ms. Ranjana Agnihotri – Appellant
Versus
Union of India – Respondent
Advocates appeared:
For the Petitioners:Shri Vishnu Shankar Jain - Advocate (through V.C.) with Shri Vinay Joshi, Ms. Varsha Parashar, Shri Harishankar Jain, Shri Parth Yadav, Shri Saurabh Singh, Ms. Mani Munjal Yadav, Shri Utkarsh Dubey, Shri Devendra Nagar, Shri Vagish Parashar, Shri Rohit Shukla, Ms.Shalini Joshi, Ms. Shivangee Parmar, Shri Satyanarayan Dubey, Ms. Priyanka Sharma, Shri Bhuvnesh Gupta, Shri Lalit Namdev, Shri Pradhumna Malpani, Shri Arpit Singh Parihar, Shri Rajesh Joshi and Ms.Pooja Verma.
For the respondent No.8:Shri Salman Khurshid – Sr. Advocate through VC with Shri Noor Ahmed Sheikh, Shri Zishan Khan, Ms.Lubna Naaz, Ms.Azra Rehman, Shri Tausif Warsi and Shri Arshad Mansuri – Advocates
For the interveners : Mohd. Farukh and Mohd. Munir :Shobha Menon – Senior Counsel with Shri N.A. Sheikh, Shri Mohd.Ikram Ansari and Shri Rahul Choubey – Advocates.
For the Respondent No.9:Shri Sunil Kumar Jain – Sr. Advocate and Addl. Solicitor General with Shri Aviral Vikas Khare, Shri Rishi Bhargava, Ms. Ayushi Agrawal, Ms.Nandini Sharma, Shri Kushagra Jain, Ms.Bhoomika Mev, Ms.Jyoti Sencha, Shri Sachin Patel and Ms.Ayush Agrawal - Advocates for respondent No.1 to 4 in WP No.10497/2022. Shri Vishwajit Joshi, Ms.Nena Mishra, Shri Shreesh Dubey, Ms. Surbhi Bahal, Ms.Ayushi Agrawal - Advocates.
For the interveners Jibran Ansari, Ayaz Qureshi and Firoz Sheikh :Shri Syed Ashhar Ali Warsi, Ms. Poorvi Asati, Ms.Manan Sharma, Shri Mohd. Hashim and Ms.Priyal Agrawal - Advocates
For respondent No.8 in WP No.10484/2022 & WP No.10497/2022:Shri Mohd Ikram Ansari – Advocate.
For the respondent/State:Shri Prashant Singh - Advocate General through VC with Shri Nilesh Yadav AAG, Shri Rahul Sethi - AAG, Shri Dhirendra S. Parmar - AAG, Shri Ashish Yadav - AAG, Shri Sonal Gupta - AAG, Shri Sudeep Bhargava, Dy.AG, Shri Shrey Raj Saxena, Dy.AG, Shri Swapnil Ganguly, Dy.AG and Shri Abhijeet Awasthy – Dy.AG, Shri Surendra Kumar Gupta and Shri Viraj Godha - G.A., and Shri Sahil Sonkusale and Shri Viraj S. Jha - PL.
For the respondent No.9:Ms.Nena Mishra and Ms. Surbhi Bahal – Advocates
Shri Manish Gupta, Shri Chandresh Gupta & Shri Sahaj Choudhary - Advocates for the petitioner
Shri Sunil Jain, Senior Advocate and Additional Solicitor General assisted by Shri Aviral Vikas Khare and Ms.Ayushi Agrawal and Ms.Ayushi Agrawal – Advocates for the respondents Nos. 1 to 4.
Shobha Menon – Senior Counsel with Shri N.A. Sheikh, Shri Mohd.Ikram Ansari and Shri Rahul Choubey – Advocates for interveners Mohd. Farukh and Mohd. Munir.
Shri Noor Ahmed Sheikh, Shri Zishan Khan, Shri Tausif Warsi & Shri Arshad Mansuri – Advocates for the respondent No.8. Shri Mohd Ikram Ansari – Advocate for respondent No.8 in WP No.10484/2022 & WP No.10497/2022.
Shri Aniket Naik, learned counsel for the respondent No.9.
Shri Prashant Singh - Advocate General through VC with Shri Nilesh Yadav AAG, Shri Rahul Sethi - AAG, Shri Dhirendra S. Parmar - AAG, Shri Ashish Yadav - AAG, Shri Sonal Gupta - AAG, Shri Sudeep Bhargava, Dy.AG, Shri Shrey Raj Saxena, Dy.AG, Shri Swapnil Ganguly, Dy.AG and Shri Abhijeet Awasthy – Dy.AG, Shri Surendra Kumar Gupta and Shri Viraj Godha - G.A., and Shri Sahil Sonkusale and Shri Viraj S. Jha - PL for the respondent/State.
Shri Dinesh.P.Rajdhar - Advocate with Ms.Priya Jain and Shri Sulabh Samaiya for the petitioner.
Shri Sunil Kumar Jain - Addl. Solicitor General with Shri Aviral Vikas Khare and Ms.Ayushi Agrawal - Advocates for respondents No.1 to 6 & 10.
Shri Prashant Singh - Advocate General through VC with Shri Nilesh Yadav AAG, Shri Rahul Sethi - AAG, Shri Dhirendra S. Parmar - AAG, Shri Ashish Yadav - AAG, Shri Sonal Gupta - AAG, Shri Sudeep Bhargava - Dy.AG, Shri Shrey Raj Saxena - Dy.AG, Shri Swapnil Ganguly, Dy.AG and Shri Abhijeet Awasthy – Dy.AG, Shri Surendra Kumar Gupta and Shri Viraj Godha - G.A., Shri Sahil Sonkusale and Shri Viraj S. Jha - PL for the respondent State.
Shri Noor Ahmed Sheikh, Shri Zishan Khan, Shri Tausif Warsi & Shri Arshad Mansuri – Advocates for the petitioner.
Shri Sunil Jain, - Senior Advocate and Additional Solicitor General assisted Shri Aviral Vikas Khare and Ms.Ayushi Agrawal – Advocates for the respondents No. 7, 8 & 10.
Shri Manish Gupta, Shri Chandresh Gupta and Shri Sahaj Choudhary – Advocates for the intervenor Kuldeep Tiwari.
Shri Prashant Singh - Advocate General through VC with Shri Nilesh Yadav AAG, Shri Rahul Sethi - AAG, Shri Dhirendra S. Parmar - AAG, Shri Ashish Yadav - AAG, Shri Sonal Gupta - AAG, Shri Sudeep Bhargava - Dy.AG, Shri Shrey Raj Saxena - Dy.AG, Shri Swapnil Ganguly, Dy.AG and Shri Abhijeet Awasthy – Dy.AG, Shri Surendra Kumar Gupta and Shri Viraj Godha - G.A., Shri Sahil Sonkusale and Shri Viraj S. Jha - PL for the respondent State.
Ms.Shobha Menon – Sr.Advocate (through V.C.) assisted by Shri N.A. Sheikh, Shri Mohd. Ikram Ansari and Shri Rahul Choubey - Advocates for the appellants.
Shri Sunil Jain - Senior Advocate and Additional Solicitor General assisted Shri Aviral Vikas Khare and Ms.Ayushi Agrawal – Advocates for the respondents No.4 & 5.
Shri Manish Gupta, Shri Chandresh Gupta & Shri Sahaj Choudhary - Advocates for the intervenor Kuldeep Tiwari. Shri Prashant Singh - Advocate General through VC with Shri Nilesh Yadav AAG, Shri Rahul Sethi - AAG, Shri Dhirendra S. Parmar - AAG, Shri Ashish Yadav - AAG, Shri Sonal Gupta - AAG, Shri Sudeep Bhargava - Dy.AG, Shri Shrey Raj Saxena - Dy.AG, Shri Swapnil Ganguly, Dy.AG and Shri Abhijeet Awasthy – Dy.AG, Shri Surendra Kumar Gupta and Shri Viraj Godha - G.A., Shri Sahil Sonkusale and Shri Viraj S. Jha - PL for the respondent State.
Shri.A.K. Chitale - Sr. Advocate with Shri Kartik Chitale - Advocate for the petitioners.
Shri Sunil Jain - Senior Advocate and Additional Solicitor General assisted by Shri Aviral Vikas Khare and Ms.Ayushi Agrawal – Advocates for the respondents No. 1, 2 & 6.
Shri Prashant Singh - Advocate General through VC with Shri Nilesh Yadav AAG, Shri Rahul Sethi - AAG, Shri Dhirendra S. Parmar - AAG, Shri Ashish Yadav - AAG, Shri Sonal Gupta - AAG, Shri Sudeep Bhargava - Dy.AG, Shri Shrey Raj Saxena - Dy.AG, Shri Swapnil Ganguly, Dy.AG and Shri Abhijeet Awasthy – Dy.AG, Shri Surendra Kumar Gupta and Shri Viraj Godha - G.A., Shri Sahil Sonkusale and Shri Viraj S. Jha - PL for the respondent State.
ORDER
Per: Justice Vijay Kumar Shukla
[1] The aforesaid petitions and appeal deal with the common issues, to the claim of prayer by hindus/namaz by muslims/prayer by Jain samaj in "disputed area" of Bhojshala and Kamal Maula Mosque situated at Dhar. In these petitions, a challenge has also been made to the order dated 7.4.2003 passed by Archaeological Survey of India to the extent to restrict the right of Hindus to worship in Bhojshala Complex "the disputed area" on a particular day and timings and also challenge to the order permitting the muslim community to offer namaz on Friday in the "disputed area" and in some petitions different reliefs are claimed in relation to the same "disputed area". Regard being had to the similitude of these petitions, they are being disposed of by the common order, however, the facts of each case and the arguments of learned counsel for parties are recorded separately.
WRIT PETITION NO.10497/2022
(HINDU FRONT FOR JUSTICE (REGD. TRUST NO.976) THROUGH ITS PRESIDENT MS. RANJANA AGNIHOTRI & ORS.
Versus
UNION OF INDIA & ORS.
[2] The present petition is filed under Article 226 of the Constitution of India seeking following reliefs:-
"[i] Issue an appropriate writ,
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