109 historical features cited in Allahabad high court plea claiming Taj Mahal as Hindu temple

PRAYAGRAJ: The Allahabad High Court on Monday directed the Centre and the Archaeological Survey of India (ASI) to file their counter-affidavits on a petition claiming that the Taj Mahal was originally a Hindu temple known as "Tejo Mahalaya".The petitioners have cited 109 archaeological and historical features that they claim establish the monument's Hindu origins and have challenged an Agra court order refusing to allow a survey of the monument.The petition has been filed on behalf of the deity "Lord Sri Agreshwar Mahadev Nagnatheswar Virajman" through its "next friend", advocate Hari Shankar Jain, along with several devotees. It challenges the rejection of an application seeking the appointment of an advocate commissioner to conduct an inspection, photography and videography of the Taj Mahal.The order was passed by Justice Rohit Ranjan Agarwal after hearing advocate Hari Shankar Jain, who appeared for the petitioners.The petitioners have sought a declaration that the Taj Mahal is a Hindu temple and have requested permission for them and members of the Hindu community to perform darshan and prayers within its premises. They have argued that Hindus have a fundamental right under Article 25 of the Constitution to offer darshan and puja at the monument.

According to the petition, the ancient Tejo Mahalaya Temple, where the deity Agreshwar Mahadev Nagnatheswar Virajman is said to preside, was built by Raja Paramardi Dev in 1155-56 AD.It further claims that the structure later came under the ownership of Raja Man Singh and subsequently Raja Jai Singh of Jaipur before Mughal emperor Shah Jahan took it over and converted it into a mausoleum for his wife Mumtaz Mahal by incorporating Islamic architectural features.Among them are the kalash atop the marble dome decorated with lotus petals, which the petitioners argue are characteristic of Hindu temple architecture.The plea also refers to a structure at the south-east corner of the complex, which it claims is recorded in ASI records as a "gaushala", contending that such a structure is associated with Hindu temples rather than Muslim mausoleums.The petition further alleges that the ASI has unlawfully permitted Muslims to offer namaz on Fridays while restricting visitors' access and keeping several floors of the monument locked.The legal challenge stems from proceedings initiated in 2019, when the petitioners approached an Agra court seeking the appointment of an advocate commissioner to survey the Taj Mahal.The additional civil judge (senior division) rejected the application, holding that the plaintiffs had failed to produce revenue records such as khasra or khatauni to establish the exact gata number and that the boundaries and area described by them did not match the defendants' records.In April this year, an additional district judge in Agra dismissed the petitioners' revision plea as not maintainable. Challenging both orders, the petitioners moved the Allahabad High Court, arguing that the lower courts rejected their request on grounds irrelevant to the appointment of an advocate commissioner, especially when there is no dispute regarding the identity of the monument.They have also argued that since they do not have unrestricted access to the ASI-protected site, a court-appointed commissioner should be allowed to conduct photography and videography to facilitate adjudication of the suit. The petitioners have sought to set aside the Agra court orders and direct the trial court to decide their application on merits.An interim application has also been filed seeking directions to the ASI Director to photograph the interior and exterior of the Taj Mahal in the presence of the petitioners and place those photographs before the High Court.