JUDGEMENT-COURT NO. 34WRIT PETITION NO. 36818 OF 2004Institute of Rewriting Indian History & Anr.

[yogesh saxena]

COURT NO. 34
CIVIL MISC. WRIT PETITION NO. 36818 OF 2004
Institute of Rewriting Indian History & Anr. ------------------------
Petitioner
Versus
Union of India & Ors. ---------------------------------------------
Respondents
Hon’ble Dr. B.S. Chauhan, J.
Hon’ble Dilip Gupta, J.
(By The Court)
This Writ petition has been filed as a Public
Interest Litigation seeking the relief of declaration in the nature of
mandamus for notifying that Taj Mahal was not built by Shahjahan;
remove all the notices displayed by the Archeological Survey of India
showing Taj Mahal premises crediting Shahjahan as its creator and
further desist from writing /publishing/proclaiming/ propagating and
teaching about Shahjahan being the Author of Taj Mahal and stop and
discontinue the free entry in Taj Mahal premises on Friday in the
week. A further direction has been sought that the authorities be
further directed to open the locks of upper and lower portions of the
four- storied building of Taj Mahal having number of rooms; to remove
the bricked up walls built later blocking such rooms therein; and
further to bring out the idols and inscriptions hidden in the Taj
Mahal by Shahjahan ‘s order and declare the same as a Hindu Temple.
We have heard Shri Y. K. Saxena, learned Counsel
for the petitioner at leangth and Sri K.C. Sinha, learned Counsel
appearing for the respondents and have perused the averment made in
the petition as well as supplementary affidavit.
Shri Saxena, learned Counsel appearing for the
petitioners has vehemently submitted that originally, there was a
Hindu Temple over which by raising superstructures, the Taj Mahal was
built by Shahjahan . Thus , in fact, a Hindu temple was converted into
a “Majar”. In support of his contention, he has taken us through
literature, mainly, written by Shri P. N. Oak and the same include”
The Greatest Historical discovery of Modern Times- The Taj Mahal is a
Temple Palace” published by Hindi Sahitya Sadan, 2003 Edition, “ Taj
Mahal – Tejo –Mahalaya Shiva Mandir Hai” 1998 Edition, published by
the same publisher; Fatehpur seekri Ek Hindu Nagar”, Agra Ka Lal Kila
Hindu Bhawan Hai” in Hindi 1998 Edition;, “ Some Blunders of Indian
Historical Research” 2003 Edition; Thatta Islamic Architecture”
Written by Professor Ahmad Hasa Dani, Professor, Emerritus Quaid- I –
Azam University, Islamabad, published by Institute of Islamic History.
Culture & Civilization, Islamabad, Pakistan, ‘Manu Smirit’, and on the
basis of the same, he tried to convince us that us is entitled for the
aforesaid relief.
On the other hand, Shri K.C. Sinha, leaned counsel
appearing for the respondents submitted that the petition raises
disputed questions of facts; it is neither desirable nor feasible to
decide the factual controversy in writ jurisdiction and the petition
can not be said to be in Public Interest. He, therefore, submitted
that the petition should not be entertained and should be dismissed.
We have considered the rival submissions made by the
learned Counsel for the parties and gone through the voluminous
literature submitted by Shri Saxena.
We are , however of the considered opinion that petition
raises disputed question of facts, which can not be adjudicated upon
in a Writ Jurisdiction. We therefore declined to entertain this
petition and dismissed it with the liberty to the petitioner to
approach the appropriate forum, if so advised.
21. 02. 2005 Sd. Dr. B. S. Chauhan J.
Sd. Dilip Gupta,
J.
AHA