NDLI: Committee of Management Anjuman Intezamia Masajid, Varanasi Vs. Rakhi Singh and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	r.10A Code of Civil Procedure 1908 – Application u/s.75(c) and Or.26
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Places of Worship (special Provisions) Act, 1991 (42 of 1991) Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Disposed Off
Headnote	Issue under consideration : Order of the High Court dismissingthe appeal against an order of the District Judge directing an archeologicalsurvey of the area in which the Gyanvapi Mosque is situated.Code of Civil Procedure, 1908 – Application u/s.75(c) and Or.26,r.10A of CPC allowed by the District Judge, directing ASI to undertakea scientifi c survey of the property – High Court affi rmed the said ordersubject to certain observations made and affi davit fi led by the ASI –Propriety of:Held : The High Court had clarifi ed that while it was affi rmingthe order dated 21.07.2023 of the District Judge, it was subject to theobservations of the High Court and the contents of the affi davit which wasfi led on behalf of ASI – Before the High Court, ASI had clarifi ed on affi davitthat it was neither carrying out any excavation nor would the survey involveany destruction of the property – It was apparent from the directions of theDistrict Judge that there would be excavation at the site – However, theHigh Court had circumscribed the nature of the order passed by the DistrictJudge – High Court permitted the proposed survey since the Departmentof Archeology had expressly stated that no damage would be caused to theproperty in question – Thus, the direction of the High Court is reiterated thatthere shall be no excavation at the site or any destruction of the structure – Inaddition, it is directed that the entire process to be conducted by any noninvasivemethodology that may be adopted by the ASI. [Paras 9, 16 and 17] Code of Civil Procedure, 1908 – Or.XXVI, r.10A – Exercise ofdiscretion by the District Judge:Held : The District Judge while acting as a trial Judge in the suitexercised discretion under Order XXVI Rule 10A to direct a scientifi cinvestigation by the ASI – The order of the Trial Judge under Order XXVIRule 10A cannot prima facie be construed to be without jurisdiction –The High Court also had found no reason to interfere – However, certainsafeguards were introduced by the High Court. [Para 15]
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2023 INSC 702
Petitioner	Committee Of Management Anjuman Intezamia Masajid, Varanasi
Respondent	Rakhi Singh And Others
SCR	[2023] 11 S.C.R. 108
Judgement Date	2023-08-04
Case Number	31345

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Committee of Management Anjuman Intezamia Masajid, Varanasi Vs. Rakhi Singh and Others

Committee of Management Anjuman Intezamia Masajid, Varanasi Vs. Rakhi Singh and Others

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