The court was hearing the petition on the plea seeking worship rights of the 'Shivling' that the Hindu side claimed to be found on the Gyanvapi mosque premises
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The Varanasi Fast Track Court on Thursday dismissed the Anjuman Islamia Masjid committee's plea challenging the maintainability of a suit to hand over possession of the Gyanvapi Mosque premises to the Hindu side.
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The Court deferred the petition for the next hearing on December 2.
The court was hearing the petition on the plea seeking worship rights of the 'Shivling' that the Hindu side claimed to be found on the Gyanvapi mosque premises.
Vishwa Vedic Sanatan Sanstha had also filed a separate petition in the fast track court of Varanasi after the alleged Shivling was found. The petition was filed by Kiran Singh, wife of Vishwa Vedic Sanatan Sanstha President Jitendra Singh Vishen and others.
The demands of the Hindu side include permission for the immediate beginning of prayer of Swayambhu Jyotirlinga Bhagwan Vishweshwar, the handing over of the entire Gyanvapi complex to the Hindus, and banning the entry of Muslims inside the premises of the Gyanvapi complex.
Also Read: Gyanvapi mosque committee files objection to demand for survey of tahkhanas
In this case, the court under Order 7/Rule 11, said that "this matter is not maintainable."
"Varanasi Court dismisses the plea filed by the Masjid committee challenging the maintainability of the suit in the Gyanvapi Mosque case. The next hearing is on December 1," said Anupam Dwivedi, Advocate Hindu side.
The Muslim side is allowed to offer prayers in the premises till the matter is in court.
The Supreme Court on November 11 extended its earlier order to protect the area where the 'Shivling' was stated to be discovered at the Gyanvapi Mosque complex during the court survey.
During the previous hearings in the Varanasi court, it had refused to allow a 'scientific investigation' of the purported 'Shivling'.
The Hindu side had demanded carbon dating of the structure they claimed to be a Shivling found inside the Gyanvapi Mosque's wazukhana.
However, the Muslim side said that the structure found was a 'fountain'. The Hindu side had then submitted an application in the Varanasi District Court on September 22 that sought a carbon dating of the object they claimed to be 'Shivling'.
The Hindu side said that they would approach the Supreme Court against the Varanasi court's verdict refusing to allow a 'scientific investigation' of the purported 'Shivling', claiming to be found on the Gyanvapi mosque premises.
On September 29 hearing, the Hindu side had demanded a scientific investigation of the 'Shivling' by the Archaeological Survey of India (ASI) and the carbon dating of 'Argha' and the area around it.
Referring to the order of May 17 of the Supreme Court, the Varanasi Court had said that "If the alleged Shivling is damaged by taking samples, then it will be in violation of the order of the Supreme Court".
"If the Shivling is damaged, the religious sentiments of the general public can also get hurt", the Varanasi Court had said.
Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.
After hearing both sides' arguments, the court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case.
On May 20, the Supreme Court had ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi.
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