Hindu deity Shri Krishna moves Mathura court to reclaim lost site at Mathura, says Aurangzeb demolished Katra Keshav Dev in 1669-70

Hindu deity, lord Shri Krishna Virajman has filed a suit in the Mathura local court seeking to reclaim the ownership over entire 13.37 acres of Krishna Janmabhumi land and removal of Shahi Idgah Masjid.

. The civil suit moved by 'next friend', Ranjana Agnihotri and six other devotees of Lord Shrikrishna describes the plaintiff as Bhagwan SriKrishna Virjman at Katra Keshav Dev Khewat, Mauja Mathura Bazaar City." The suit has been moved through advocates Hari Shankar Jain and Vishnu Jain.

. The suit has UP Sunni Central Waqf Board, Committee of Management, Trust Alleged Shahi MasjidIdgah, as the respondents.

. The civil suit seeks removal of encroachment and superstructure " illegally raised by Committee of Management of alleged Trust Masjid Idgah with the consent of Sunni Central Board of Waqf land Khewat No.255 (Two Hundred Fifty Five) at Katra Keshav Dev city Mathura belonging to deity Shree Krishna Virajman."

. Substantiating the locus of Shri Krishna as the plaintiff, the suit states that the deity is recognized under Hindu Law.

. He is minor. He is a juristic person. He can sue and be sued through shebait and in his absence through next friend. It can own, acquire and possess the property. It has every right to protect its property and to recover its lost property through shebait and in absence of shebait through next friend by availing an appropriate remedy in Court of law Reads the suit . The suit alleges that Committee of Management of Trust Masjid Idgah is without any authority of law and in utter violation of decree of the Court with the help of some Muslims put super structure and encroached upon the land of Katra Keshav Dev belonging to Shree Krishna Janmasthan Trust and the deity.

. "The committee of Management of Trust Masjid Idgah entered into illegal compromise on 12.10.1968 (Twelve Ten Nineteen Sixty Eight) with the Society Shree Krishna Janamasthan Seva Sangh and both have played fraud upon the Court, the plaintiff Deities and devotees with a view to capture and grab the property in question," reads the suit.

. The suit states that under "Hindu Law prevalent in India from thousands of years, it is well recognized that the property once vested in the deity shall continue to be the deities property and property vested in the deity is never destroyed or lost and it can be regained and re-established whenever it is freed, found or recovered from the clutches of invaders, ultras or hoodlums".

. The plea further states that Aurangzeb ruled over the country from 31.07.1658 (Thirty One Seven Sixteen Fifty Eight) to 3.03.1707 (Three Three Seventeen Zero Seven) AD and he being staunch follower of Islam had issued orders for demolition of large number of Hindu religious places and temples.

. " This was including the temple standing at the birth place of Lord Shree Krishna at Katra Keshav Dev, Mathura in the year 1669-70 (Sixteen Sixty Nine- Seventy) AD. The army of Aurangzeb partly succeeded to demolish Keshav Dev Temple and a construction was forcibly raised showing the might of power and said construction was named as Idgah Mosque ," reads the suit.

. To substantiate this further the suit cites order passed by Aurangzeb cited in the Official Court Bulletin (Akhbaraat) of January – February 1670 (Sixteen Seventy) which has been translated from Parsian to English by pre eminent historian Late Jadu Nath Sarkar.

. The suit states that the ‘Janambhoomi Trust’ failed to perform its duty to secure, preserve and protect the Trust property. The Trust is defunct from 1958, states Lord Krishna.

. Suit states that Seth Jugal Kishore Birla created a trust known as Shree Krishna Janmbhoomi Trust registered under Act No.21 of 1860 in the name of Shree Krishna Janmasthan Seva Sangh and the name of President and others of its holders and members of the sangh were given with the name of the Plaintiff.

. Seth Jugal Kishore Birla endowed the entire rights and interest in the aforesaid property by the trust deed dated 21.2.1951 to the Plaintiff.

. The compromise deed of 1968 between “Shree Krishna Janmasthan Seva Sangh" and the Shahi Idgah trust which is sought to be quashed stated that " Trust Shahi Masjid Idgah shall get vacated the inhabitant Muslim Ghosis, etc outside the wall on North and South side and deliver to Shri Janmsthan Sewa Sangh and will have no concern with its ownership and it will deemed to be the property of first party. Shree Krishna Janmsthan Sewa Sangh will have no concern with the ownership of the land within the Northern walls and it will be deemed to be the property of second party ."

. The suit states that it is "crystal clear that U.P.Sunni Waqf Board, Trust Masjid Idgah or any member of Muslim community have no interest or right in the property of Katra Keshav Dev over an area measuring 13.37 acres and entire land vest in the deity Bhagwan Shree Krishn Virajman."

. The suit prays forna declaration that the 1974 decree accepting the compromise deed should be held to be not binding of Shri Krishna Virajman.

. The suit also prays for the removal of the Shahi Idgah masjid over Krishna janmabhoomi.

Hindu deity Shri Krishna moves Mathura court to reclaim lost site at Mathura, says Aurangzeb demolished Katra Keshav Dev in 1669-70

Debayan Roy

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