In a significant judicial development with potential communal ramifications, the Allahabad High Court on Monday dismissed the civil revision petition filed by the Shahi Jama Masjid Committee, Sambhal, thereby clearing the path for the continuation of survey proceedings before the District Court in Sambhal.
The order was delivered by a single-judge bench of Justice Rohit Ranjan Aggarwal, who rejected the contentions raised by the Muslim side. The judgment was reserved on May 13, following the conclusion of arguments in the civil revision petition challenging the maintainability of the survey-related trial.
Background of the Dispute
The dispute dates back to November 19, 2024, when a group of petitioners approached the Civil Judge (Senior Division), Sambhal, claiming that the Jama Masjid was constructed in 1526 after the demolition of a Harihar temple dedicated to Lord Vishnu’s last incarnation, Kalki. The court subsequently ordered a survey of the mosque premises.
The survey was conducted in two phases, but tensions escalated when members of the mosque committee and locals protested the court-mandated action. The situation turned violent, resulting in clashes with the police and the tragic death of four individuals.
Following the unrest, the Committee of Management, Shahi Jama Masjid, approached the Supreme Court seeking a stay on the survey. The apex court, however, on April 29, 2025, directed the committee to approach the Allahabad High Court and also granted two weeks’ time to respond to a status report filed by the Uttar Pradesh authorities, which stated that the disputed well lies outside the mosque premises.
High Court Proceedings
Arguing for the Hindu side, Advocate Gopal Sharma stated:
“On November 19, 2024, we filed a petition, and the court ordered a survey. The survey was completed in two parts. The Jama Masjid side then approached the Supreme Court, which directed them to move the High Court.”
He further elaborated that the core legal questions before the High Court were:
- Whether the Civil Judge (Senior Division), Sambhal, had the authority to order the survey.
- Whether the original suit should be tried in the same court or transferred to another competent forum.
With Monday’s High Court order, both questions appear to have been resolved in favour of allowing the case to proceed in the Sambhal District Court, including the continuance of the survey proceedings.
