In the latest case, devotees of Lord Sri Krishna Virajman have filed a case in the Mathura Court praying that the Masjid Idgah which is allegedly built on the land of Shri Krishna Janambhoomi, should be removed.
Bhagwan Shri Krishna Virajman has been named as the petitioner in the case. The petition names six devotees of the God as petitioners as well.
The Plaintiffs prayed that a structure had been constructed by the Management Committee of the Masjid Idgah Trust and the Sunni Wakf board gave the consent at the Katra Keshav Dev site. As per the petition, the land where the structure was constructed belongs to Shri Krishna Virajman.
A description of the first petitioner, The God Shri Krishna Virajman, is also mentioned which goes as follows:-
It is stated that the deity was a juristic person and he was a minor. As a Juristic person, he has a right to sue and be sued. The deity also has a right to possess, own and acquire properties and also has the right to protect the acquire property through a shebait. The shebait or a friend of the deity can approach a court and avail appropriate remedy as well.
Shree Krishna Janmbhoomi is arrayed as the second plaintiff and has special significance in Hindu Law and the religious scriptures of the Hindu faith.
Ms. Ranjana Agnihotri is Plaintiff No1 in the Plaint and Shri Krishna Virajman has been arrayed as Plaintiff No.2 through Next Friend Ms. Ranjana Agnihotri.
As per the petition, the devotees want to ensure that Pooja and other rituals continue in the birthplace of Shri Krishna Virajman.
It has also been submitted that as per their rights enshrined under Article 26 of the constitution of India, Plaintiffs should be allowed to manage and hold the property belonging to Shri Krishna Virajman.
Case of the Plaintiffs:-
It is stated that in the year 1968, Management of the Masjid Idgah and the Shri Krishna Janmasthan Seva Sangh entered into a compromise and a large piece of land was transferred to the Masjid management by the Shri Krishna Janamasthan Seva Sangh.
The plaintiffs argued that the ownership rights of the property belonged to the deity and the trust and that Shri Krishna Janmasthan Seva Sangh had no legal right to transfer the property.
It is further submitted that the birthplace of the deity lies under the land where the Masjid was constructed.
The Plaintiffs also stated that the defendant, Sunni Wakf Board has been arrayed in the case because they allegedly permitted the Management Committee of the Masjid to get into a compromise with the Shri Krishna Janamasthan Seva Sangh and acquire the disputed land.
As per the Plaint, the Committee of Management of Trust Masjid Idgah and Shri Krishna Janmasthan Seva Sangh is also arrayed as defendants because they got into a compromise illegally and transferred the land of the deity.
The petitioners also stated that as per Hindu Law, if a property is vested in deity, then it will continue to be the property of the deity and it can never be destroyed. In case it is raised or encroached upon by invaders or other miscreants, then it can be regained and re-established by the devotees.
The Plaintiffs have sought following reliefs:
- Decree the suit in favour of Plaintiffs and against the Defendants cancelling the judgment and decree dated 20.7.1973 (Twenty Seven Nineteen Seventy Three) and judgment and decree dated 7.11.1974 (Seven Eleven Nineteen Seventy Four) and passed in Civil Suit No.43 (Forty Three) of 1967 (Nineteen Sixty Seven) by Ld. Civil Judge, Mathura;
- Declare that the judgment and decree dated 20.7.1973(Twenty Seven Nineteen Seventy Three) and judgment and decree dated 7.11.1974 (Seven Eleven Nineteen Seventy Four) and passed in Civil Suit No.43 (Forty Three) of 1967 (Nineteen Sixty Seven) by Ld. Civil Judge, Mathura is not binding on the Plaintiffs;
- Decree the suit for declaration declaring that land measuring 13.37 (Thirteen Point Thirty Seven) acres of Katra Keshav Dev shown by letters No. A,B,C,D in the site plan vest in the deity Lord Shree Krishna Virajman;
- Decree the suit for mandatory injunction in favour of the Plaintiffs and against the Defendants No.1 (One) and 2 (Two) directing them to remove the construction raised by them encroaching upon the land shown by Letters No. E,B,G,F in the site plan within the area of Katra Keshav Dev City Mathura and to handover vacant possession to Shree Krishna Janmbhoomi Trust within the time provided by the Hon’ble Court;
- Decree the suit for prohibitory injunction restraining Defendants No.1 (One) and 2 (Two), their workers, supporters, men, attorneys and every person acting under them from entering into premises of 13.37 (Thirteen Point Thirty Seven) Acers land at Katra Keshav Dev City and District Mathura;
- Hon’ble Court may pass any other decree for which Plaintiffs are found entitled to or which may be necessary to be passed in the interest of justice;
- Award the costs of the suit;