Neutral Citation No. - 2023:AHC:195431-DB

Judgment reserved on 04.09.2023

Judgment delivered on 11.10.2023

Chief Justice's Court

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1751 of 2020

Petitioner :- Mehek Maheshwari

Respondent :- Union Of India And 4 Others

Counsel for Petitioner :- In Person

Counsel for Respondent :- A.S.G.I.

Hon'ble Pritinker Diwaker,Chief Justice

Hon'ble Ashutosh Srivastava,J.

1. The instant writ (PIL) seeks to espouse the cause of denial of

fundamental rights under Articles 25 and 26 of the Constitution of

India by preventing the Hindus from worshipping actual place of

Krishna Janmsthan at Mathura by construction of the Shashi Idgah

Mosque after demolition of the temple as also the issue of imposing

Sections 2, 3 & 4 of the Places of Worship Act, 1991, which are

alleged to be unconstitutional.

2. In the writ (PIL), it has been averred that the petitioner is a devout

Hindu and prays that his fundamental right to worship be facilitated

and protected. The petitioner wants the actual place of Krishna

Jahmabhoomi Janmasthan over which the Shahi Idgah Mosque exists

be acquired by the State Government and be handed over to the

Hindus for worshipping Lord Krishna Virajman in the Krishna

Janmasthan. It has been averred in the petition that the maternal great

grand-mother, who resided in Mathura, told the petitioner about the

spiritual importance of Mathura and Braj Mandal 84 Kos. She also told

the petitioner how the Shahi Idgah masjid came to be constructed after

demolition of a lofty temple of Lord Shree Krishna at the birth place

by Aurangzeb, the Mugal Emperor. It has also been averred that the

right of worship of the Hindu Community has been substantially

reduced from 13.37 Acres of land of Sri Krishna Janmasthan on

account of encroachment of Trust Masjid Idgah, which manages the

affairs of the Shahi Idgah. It has also been averred that the Committee

of Management of Masjid Trust Idgah entered into an illegal

compromise on 12.10.1968 with the Society Shree Krishna Janmasthan

Sewa Sangh and both have played fraud upon the Court, the dieties

and devotees with a view to grab the property. The petition also

attempts to demonstrate the demolition and encroachment over Shri

Krishna Janmasthan by stating historical and archaeological facts. The

petition also states that during the British Rule in 1815, the entire land

of the Janmasthan admeasuring 13.37 Acres was put to auction and

ultimately sold to Raja Patni Mal of Banaras who was the highest

bidder. The name of the Raja was recorded over the 13.37 Acres of

land as owner in possession. The challenge to the auction, sale,

ownership and possession of Raja Patni Mal by Muslims failed. A Civil

Suit, being Civil Suit No. 517 of 1928, was filed by one Rai Kishan Das

heir of Raja Patni Mal in which also, the ownership and possession of

the land in dispute was upheld upto this Hon’ble Court in Second

Appeal No. 691 of 1932, decided on 02.12.1935. On 08.02.1944, Rai

Kishan Das and Rai Anand Das, heirs of Raja Patni Mal executed a sale

deed of the 13.37 Acres of land in favour of Mahamana Madan Mohan

Malviya, Goswami Ganesh Dutt and Bhikhan Lallji Aattrey. Yet another

Suit, being Suit No. 4 of 1946, was filed on behalf of Trust Masjid

Idgah questioning the sale deed which was dismissed on the basis of

compromise and it was agreed that the decision in Second Appeal No.

691 of 1932 would be binding on the parties. Thereafter, a Trust in the

name and style of “Shri Krishna Janmbhoomi Trust” was created on

21.02.1951 and registered on 09.03.1951 under which, the entire land

measuring 13.37 Acres was dedicated to the diety Lord Shree Krishna

Virajman.

3. In the above backdrop, Sri Mahek Maheshwari, appearing pro-se,

argues that Raja Patni Mal and his heirs initially and after them the

Deity Lord Shree Krishn Virajman, is the exclusive owner and in

possession of the entire 13.