The Allahabad High Court on Monday asked the Centre and the Archaeological Survey of India (ASI) to file a counter-affidavit on a writ petition seeking a declaration that the Agreshwar Mahadev Nagnatheswar Virajman Tejo Mahalaya temple is present inside the Taj Mahal premises, PTI reported.
The petition was filed on 3 July by the Agreshwar Mahadev Nagnatheswar Virajman Tejo Mahalaya temple, Hari Shankar Jain and four others.
Hari Shanker Jain reportedly submitted before the court that his application to appoint an advocate commissioner, as well as for photography of the premises in dispute, was wrongly rejected by the trial court, and thereafter, the revision was dismissed as not maintainable.
After hearing Jain, Justice Rohit Ranjan Agarwal asked the central government and ASI to file a counter-affidavit in the matter and also issued notice to Pankaj Kumar Verma, the respondent No 4, in the writ petition.
The petition was filed against the orders of the district court at Agra by which the Civil Judge (Senior Division), as well as the Additional District Judge, had declined to issue an order appointing an Advocate Commission to survey the disputed premises.
A declaratory suit was filed in 2015 and is pending in the court of the Civil Judge (Senior Division) at Agra, seeking a declaration that the Tejo Mahalaya temple is present in the Taj Mahal premises.
Pending suit, an application to appoint an advocate commissioner was moved, but both the district courts had declined to pass an order in the matter, which has been challenged in the present petition.
The Union of India, the Archaeological Survey of India and Pankaj Kumar Verma have been made parties-in-respondence.
The petitioner had urged the court to direct the ASI to carry out a scientific and historical survey of the Taj Mahal and investigate claims that it was built over the ancient Shiva temple. The plea also sought directions to determine the "true historical character" of the monument through an expert examination.
The petition forms part of a series of legal attempts over the years questioning the historical origins of the Taj Mahal. Proponents of the "Tejo Mahalaya" theory claimed that the monument existed as a Shiva temple before the Mughal period and was later converted into a mausoleum. These claims have remained controversial and have not been accepted by the ASI or endorsed by Indian courts.
The Taj Mahal, located in Agra, was commissioned by Mughal emperor Shah Jahan in memory of his wife Mumtaz Mahal and completed in the 17th century. It is recognised as a UNESCO World Heritage Site and is among India's most visited historical monuments. The ASI, which maintains the site, has consistently described it as a Mughal-era mausoleum based on historical records and archaeological evidence.
According to LiveLaw, the court has, in earlier proceedings, indicated that questions relating to historical interpretation and academic research cannot ordinarily be resolved through public interest litigation.
The "Tejo Mahalaya" theory has periodically resurfaced in courts and public discourse, with petitioners seeking access to sealed rooms within the Taj Mahal or demanding fresh archaeological surveys.
