Taj Mahal dispute: Allahabad HC asks Centre, ASI to file counter-affidavit in ‘Tejo Mahalaya’ suit. Today’s news
The Allahabad High Court on Monday asked the Center and the Archaeological Survey of India (ASI) to file a counter-affidavit to a writ petition seeking a declaration that the Agreshwar Mahadev Nagnatheswar Virajman Tejo Mahalaya temple is present inside the Taj Mahal compound, PTI reported.
The petition was filed on July 3 by Agreshwar Mahadev Temple Nagnatheswar Virajman Tejo Mahalaya, Hari Shankar Jain and four others.
Hari Shanker Jain is said to have submitted before the court that his application for appointment of a Bar Commissioner as well as for photographing the disputed premises was wrongly rejected by the court and thereafter the revision was dismissed as unsustainable.
After hearing Jain, Justice Rohit Ranjan Agarwal asked the Central Government and the ASI to file a counter-affidavit in the matter and also issued a notice to Pankaj Kumar Verma, respondent no.4, in the suit.
The petition was filed against the orders of the District Court, Agra, by which the Civil Judge (Senior Division), as well as another District Judge, refused to issue an order appointing a Bar Committee to survey the disputed premises.
In 2015, a declaratory action was filed and is pending in the court of the Civil Judge (Senior Division) at Agra seeking a declaration that the Tejo Mahalaya Temple is within the Taj Mahal premises.
An application was made in the action for the appointment of a bar commissioner, but both district courts refused to issue an order in the matter challenged by this application.
Union of India, Archaeological Survey of India and Pankaj Kumar Verma became parties in response.
The petitioner urged the court to direct the ASI to conduct a scientific and historical survey of the Taj Mahal and investigate the claim that it was built over an ancient Shiva temple. The cause of action also sought instructions on how to determine the “true historic character” of the monument through expert examination.
The petition is part of a series of legal attempts over the years challenging the historical origins of the Taj Mahal. Proponents of the “Tejo Mahalaya” theory argued that the monument existed as a Shiva temple before the Mughal period and was later converted into a mausoleum. These requirements have remained controversial and have not been accepted by the ASI or approved by Indian courts.
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The Taj Mahal, located in Agra, was commissioned by the Mughal emperor Shah Jahan in memory of his wife Mumtaz Mahal and completed in the 17th century. It is recognized as a UNESCO World Heritage Site and is among the most visited historical monuments in India. The ASI, which manages the site, has consistently described it as a Mughal-era mausoleum based on historical records and archaeological evidence.
According to LiveLaw, the court has said in earlier proceedings that questions of historical interpretation and academic research cannot normally be litigated in the public interest.
The “Tejo Mahalaya” theory regularly surfaces in courts and public debates, with petitioners seeking access to sealed rooms in the Taj Mahal or demanding new archaeological surveys.
