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The Allahabad High Court today declined to grant interim stay on a district court order of January 31 permitting Hindu parties to perform prayers and puja in the southern cellar of the Gyanvapi mosque at Varanasi.
The High Court today granted time till February 6 for the Muslim party (which challenged the district court order) to amend its pleadings to include a challenge to a January 17 order consequent to which the January 31 order was passed, as reported by BarandBench.
The matter will be heard next once this is done.
In the meanwhile, the Uttar Pradesh government (represented by its Advocate General) was told to ensure that law and order is maintained in the Gyanvapi area.
The Court was hearing a plea by the Anjuman Intezamia Masajid Committee (which manages the Gyanvapi mosque) challenging the Varanasi court's January 31 order in the matter.
Justice Rohit Ranjan Agarwal heard the matter today.
At the outset, he observed that the Muslim parties had not yet challenged an earlier order passed on January 17 whereby a District Magistrate was appointed as a receiver.
This receiver was later on January 31 ordered to facilitate the conduct of Hindu prayers in the mosque's cellar.
"You haven't contested the order dated January 17th, appointing the District Magistrate as the receiver. This (January 31 order) is a consequential order…Amend your appeal," Justice Agarwal said while addressing the mosque committee.
The judge also questioned whether the mosque committee was heard by the Varanasi court before it passed its January 31 order.
The Court went on to opine that unless the January 17 order appointing a District Magistrate as court receiver is challenged, it may not be possible to hear the mosque committee's challenge.
"There is urgency in the matter. They have already started puja in the Vyas Tehkhana (southern cellar)," replied senior advocate SFA Naqvi, who appeared for the mosque committee.
To read the complete order of Allahabad High Court https://www.barandbench.com/amp/story/news/allahabad-high-court-declines-interim-stay-varanasi-court-order-hindu-prayers-gyanvapi-mosque-cellar