The Supreme Court on Thursday declined to entertain a plea seeking to restrain Mahashivaratri puja rituals at the Ladle Mashak Dargah and the samadhi of Hindu saint Raghava Chaitanya located in Aland, Karnataka, observing that Article 32 of the Constitution cannot be invoked when the matter is already pending before the Karnataka High Court.
A bench of Justices Dipankar Datta and Satish Chandra Sharma made the observation while hearing a petition filed by Khaleel Ansari. The petitioner had sought directions to prevent alleged “unlawful entry, mobilisation, and congregation” on the disputed property and to stay any interim orders that would allow performance of puja there.
The site in question has historical religious significance to both communities — being associated with a 14th-century Sufi saint and the 15th-century Hindu saint Raghava Chaitanya. Disputes erupted in 2022 over competing claims and religious rights, resulting in communal tensions in the region.
In February 2025, the Karnataka High Court had permitted 15 Hindu devotees to perform Mahashivaratri rituals at the Raghava Chaitanya Shivaling located within the premises.
Senior advocate Vibha Datta Makhija, representing the petitioner, argued that the High Court had already decided the issue and that the property in question was a duly notified waqf property. She also submitted that the matter raises broader issues under the Places of Worship (Special Provisions) Act, 1991, and urged the court to tag it with similar pending cases.
However, the Supreme Court bench refused to intervene, stating that the petitioner’s primary relief — seeking a declaration that the land is waqf property — is within the exclusive jurisdiction of the Waqf Tribunal. The court emphasized that Article 32 jurisdiction is not available when appropriate remedies lie elsewhere and matters are sub judice before competent forums.
Consequently, the petition was dismissed as withdrawn.
