In her revision petition, Rakhi Singh contends that the survey of the Wuzu Khana area is essential for the interests of justice, asserting that it would benefit both plaintiffs and defendants alike and assist the court in reaching a fair resolution of this complex issue. The petition also argues that the Varanasi district judge failed to exercise the jurisdiction vested in him by law to order a survey of the Wuzu Khana area.Furthermore, the revision claims that an ASI survey of the Wuzu Khana area is necessary to ascertain the religious character of the entire property. It was also asserted that it is feasible to conduct a survey of the Wuzu Khana area (excluding the ‘Shiva Linga’) using non-invasive methods as directed by the Supreme Court.At a previous stage, the Anjuman Intezamia Committee (AIM) of the Gyanvapi mosque filed a counter affidavit through senior advocate SFA Naqvi, stating that matters relating to the Wuzu Khana and Shivling were already pending before the Supreme Court, which had issued a stay order ensuring that the site be preserved, with safety and security entrusted to the district magistrate of Varanasi.In this context, the district judge of Varanasi had rightly rejected the Hindu side’s application on October 21, 2023, seeking an ASI survey of the Wuzu Khana area, given that the matter was subject to the interim orders of the Supreme Court arising from the same suit.It may be noted that the ASI has already conducted a scientific survey of the Gyanvapi complex in Varanasi and has submitted its report to the Varanasi district judge. This survey was carried out in accordance with a prior order from the Varanasi district judge to determine whether the mosque was constructed over a pre-existing Hindu temple structure.
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