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In the Court of Civil Sr. Div. Judge Varanasi

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1 In the Court of Civil Sr. Div. Judge Varanasi Regular Civil Suit No. Of 2021 (Twenty Twenty One) (1) Goddess Maa Shringar Gauri through next friend and devotee Ranjana Agnihotri D/o. Late Rajendra Kant Agnihotri, R/o.512/695, (Five Hundred Twelve / Six Hundred Ninety Five) Balda Road, Nishatganj, Lucknow, Uttar Pradesh- 226007 (Two Two Six Zero Zero Seven). (2) Asthan Lord Adi Visheshwar, Jyotirlinga in the radius of 5 (Five) Kos (Krosh), situated in the City and District Varanasi through next friend and devotee Jitender Singh “Vishen” S/o. Sri Yaduraj Singh, R/o Gulab Singh Purwa, Veerpur Vishen, Thesil & District-Gonda, Uttar Pradesh-271123 (Two Seven One One Two Three). (3) Ranjana Agnihotri (Advocate) D/o. Late Rajendra Kant Agnihotri, R/o.512/695, (Five Hundred Twelve / Six Hundred Ninety Five) Balda Road, Nishatganj, Lucknow, Uttar Pradesh-226007 (Two Two Six Zero Zero Seven). (4) Jitender Singh “Vishen” S/o. Sri Yaduraj Singh, R/o Gulab Singh Purwa, Veerpur Vishen, Thesil & District- Gonda, Uttar Pradesh-271123 (Two Seven One One Two Three). (5) Ankur Sharma (Advocate) S/o Chander Kumar, R/o Ward No.19 (Nineteen) Shivnagar Behind Sheep Husbandry Kathua, Jammu and Kashmir-184101 (One Eight Four One Zero One). 2 (6) Dr. Ram Prasad Singh S/o. Late Tulsi Ram Singh, R/o. No- 4/35, (Four/ Thirty Five) C-80 (Eighty), Mahamana Nagar, Sunderpur, Varansi-221005 (Two Two One Zero Zero Five), U.P. retired from BHU in 2017 (Two Thousand Seventeen), a Journalist Editor of Vande Matram. (7) Shishir Chaturvedi (Advocate) S/o. Late Jugal Kishore Chaturvedi R/o.215/460 (Two Hundred Fifteen/ Four Hundred Sixty) Ichha Bawan, Sabji Madi, Charbagh Lucknow, Uttar Pradesh-226001 (Two Two Six Zero Zero One). (8) Neeraj Shankar Saxena S/o. Late Bhawani Shankar Saxena, Resident of 25/51 (Twenty Five/ Fifty One) Shiva Ji Marg, Lucknow, Uttar Pradesh-226001(Two Two Six Zero Zero One). (9) Rakesh Kumar Agarwal S/o Late Shri Nivas Agarwal, R/o.S- 10 (Ten)/8 (Eight)-4 (Four) B Maqbool Alam Road Varanasi, Uttar Pradesh- 221002 (Two Two One Zero Zero Two). (10) Jan Udghosh Sewa Sansthan, the Society registered under Societies Registration Act 1860 (Eighteen Sixty) at Lucknow having Registration No.184 (One Hundred Eighty Four) dated 25.04.2017, (Twenty Fifth April Two Thousand Seventeen) office at E-3 (Three) /568 (Five Hundred Sixty Eight) Sector J Aliganj Lucknow, through its President Kuldeep Tiwari S/o Girish Chandra Tiwari, R/o.4/285 (Four/ Two Hundred Eighty Four) Viram Khand Gomti Nagar Lucknow Uttar Pradesh-226010 (Two Two Six Zero One Zero) ……….. Plaintiffs 3 VERSUS 1. Union of India Through its Secretary, Ministry of Home Affairs Government of India North Block New Delhi-110001 (One One Zero Zero Zero One) Email Address: [email protected] 2. The Government of Uttar Pradesh Through Principal Secretary Home, Lal Bahadur Shastri Bhawan (Annexy Building) Sarojni Naidu Marg, Lucknow Uttar Pradesh, Pin-226001 (Two Two Six Zero Zero One). Email Address:- [email protected] 3. The State of Uttar Pradesh Through Chief Secretary, Government of Uttar Pradesh, 101 (One Hundred One), Lok Bhawan, U.P. Civil Secretariat, Vidhan Sabha Marg, Lucknow, Uttar Pradesh, Pin-226001 (Two Two Six Zero Zero One). Email Address: [email protected] 4. District Magistrate, Varanasi. Collectorate Compound, Hamrautia, Varanasi, Uttar Pradesh-221102 (Two Two One One Zero Two), Email Address: [email protected] 4 5. Senior Superintendent of Police, District Varanasi. Collectorate Compound, Hamrautia, Varanasi, Uttar Pradesh-221002 (Two Two One One Zero Two), Email Address: [email protected] 6. U.P. Sunni Central Waqf Board, Through Chairperson, 3(Three)-A, Mal Avenue, Lucknow, Uttar Pradesh Pin: 226001 (Two Two Six Zero Zero One). Email Address: [email protected] 7. Committee of Management Anjuman Intazamia Masajid, through its Secretary, alleged Gyanvapi Masjid, office at Pilli Kothi Varanasi Uttar Pradesh Pin 221001 (Two Two One Zero Zero One). 8. Board of Trustees of Shri Kashi Vishwanath Temple Through Chief Executive Officer/ Secretary, office at Shri Kashi Vishwanath Temple, CK 37/40 (Thirty Seven/ Forty), 42 (Forty Two) Bans Phatak, Varanasi-Uttar Pradesh Pin 221001 (Two Two One Zero Zero One) Email Id:- [email protected], ……… Defendants Cause of Action: Accruing continuously and also on 10th February 2021(10th February Two Thousand Twenty One) Place of cause of Ancient Kashi Vishwanath Temple at Action:- Dashashwamedh Ward : Dashashwamedh Police Station Dashashwamedh Valuation of Suit: Rs. 15,00,000 /- (Fifteen Lakhs) Total Court Fee paid Rs. 1400/- (One Thousand Four Hundred) 5 Suit for Declaration, Permanent and Mandatory Injunction The Plaintiffs named above most respectfully beg to submit as under:- 1. That the present suit is being filed for restoration of Darshan, Pooja, Aarti, Bhog and performance of rituals at the principle seat of Asthan of Lord Adi Visheshwar and of Goddess Maa Shringar Gauri, the Ardhangni and devotee of Lord Adi Visheshwar, along with Lord Ganesh, Nandiji and other deities within the precincts of temple complex known as “Ancient Temple” existing at Settlement Plot No.9130 (Nine Thousand One Hundred Thirty), measuring about 1 (One) Bhiga, 9 (Nine) Biswas and 6 (Six) Dhoors within the area of Dasaswamedh, the heart of city of Varanasi, hereinafter referred to, as “the property in question” and to preserve the cultural and religious heritage of India. A sketch map of the old temple published in the book ‘Benares Illustrated in A series of Drawing’ by James Prinsep is annexed hereto and marked as ANNEXURE No. A to the suit. A. INTRODUCTORY:- 2. That every Citizen has fundamental right to perform pooja, worship and rituals according to the tenets of his religion within the ambit of Article 25 (Twenty Five) of the Constitution of India and any obstacle created before 26.01.1950 (Twenty Six January, Nineteen Fifty) has become null and void by virtue of Article 13(1) (Thirteen (one) of the Constitution of India. An idol worshipper cannot complete his pooja and gain spiritual advantages without having objects of worship. Any hindrance/ obstacle created in performance of pooja, is denial of right to religion guaranteed under Article 25 (Twenty Five) of the Constitution of India. 6 3. That the Jyotirlingam was desecrated/damaged in 1669 (Sixteen Sixty Nine) under the orders and command of Aurangzeb, one of the most cruel Rulers of India, but Maa Shringar Gauri, Lord Ganesh and other subsidiary deities continued to exist within the ancient temple, which is claimed by Muslims to be part of so called Gyanvapi mosque. 4. That this suit is being field by devotees and worshippers as next friend of plaintiff Deities. The devotee plaintiffs are Sanatani Hindu, idol worshipper and are worshipper of Lord Shiva the Lord of Universe. They practice, profess and propagate, Vedic Sanatan Hindu Dharma and are competent to bring this suit in the interest of deities and for the benefit of devotees. 5. That Plaintiffs and the devotees of Lord Shiva along with subsidiary deities are entitled to perform Pooja, Darshan, Aarti, Bhog etc within the entire area of five Kos (Krosh) in exercise of right guaranteed by Article 25 (Twenty Five) of Constitution of India and no person has right to interfere and create hindrance in the performance of Pooja/ worship of deities by the Plaintiffs, and other devotees. B. DESCRIPTION OF PLAINTIFFS AND DEFENDANTS: 6. That plaintiffs in the suit are:- (i) Plaintiff No.1 (One) - Maa Shringar Gauri is ‘Swayambhu’ deity, revealed near Adi Visheshwar Shivlingam being worshiped from time immemorial, within ancient temple, is filling this suit through next friend and devotee, as there is no Shebait or any person to render service to her and bring the cause before the court for the redressal of the grievances being raised through this suit. 7 (ii) Plaintiff No.2 (Two) - Asthan Lord Adi Visheshwar, Jyotirlinga is Swayambhu deity, in existence in the radius of 5 (Five) Kos (Krosh), Avimukteshwar area situated in the City and District Varanasi. The place in the radius of 5 (Five) Kos (Krosh) is sacred for Hindus and devotees being Avimukt Khetra (area) having been recognized by scriptures and Vedas, Sastras and Purans including Shiv Puran and Skand Puran. This place is known as Avimukt Khetra and is being worshiped by devotees from the time immemorial. This suit is being field by deity through devotee asserting the right to be worshiped and for removal of encroachment from the place in question and also for the religious benefit of devotees. (iii) All other Plaintiffs are devotees of Lord Adi Visheshwar, Goddess Maa Shringar Gauri and are worshipers of Asthan Lord Adi Visheshwar, Jyotirlingam and other subsidiary deities. They are filling this suit in the capacity of worshippers and devotees of Lord Shiva asserting their right to worship, Dharshan, Pooja and for performing the rituals at the principal seat of deity Lord Adi Visheshwar in the ancient temple complex and for restoration and construction of temple at the original place and for that reliefs being prayed for in this suit. 7. That Defendants in the suit are:- (i) Union of India, Defendant No.1 (One) – as the question of validity of the provisions of the Places of Worship (Special Provisions) Act 1991 (Nineteen Ninety One), may arise for determination. In Civil Suit No.62 (Sixty Two) of 1936 (Nineteen Thirty Six) the Secretary of State for India 8 in Council through District Magistrate, Benares was defendant and had filed written statement. (ii) Government of Uttar Pradesh Defendant No.2 (Two) and Chief Secretary of State of Uttar Pradesh Defendant No. 3 (Three) - as they are under legal obligation for proper implementation of the provisions contained in Shri Kashi Vishwanath Temple Act 1983 and for the implementation of the decree which may be ultimately passed in the suit.
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