[Cites 1, Cited by 0]
Madhya Pradesh High Court
Antar Singh And 6 Ors. vs Secretary Union Of India And 5 Ors. on 16 February, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 WP-10484-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WP No. 10484 of 2022
(KULDEEP TIWARI AND OTHERS Vs UNION OF INDIA MINISTRY OF CULTURE AND OTHERS )
WP/6514/2013, WP/28334/2019, WP/10497/2022
Dated : 16-02-2026
In W.P. No.28334 of 2019 - Abdul Samad Khan, President of
petitioner / Society is present in person.
In W.P. No.10497 of 2022, petitioner No.3 - Ashish Goyal is present
in person.
None for the other parties, due to the call for abstention from work
made by the State Bar Council / Bar Association.
The petitioners in person has brought to our notice the order dated
22.01.2026 passed by the Apex Court in Civil Appeal No.466 of 2026
(Arising out of SLP (C) No.7023/2024) [Maulana Kamaluddin Welfare
Society Dhar v/s Hindu Front for Justice & Others]. By the said order, the
appeal was disposed of with direction contained in paragraphs - 9 & 10 and
the same are as under:-
''9. In view of the fair stand taken by all the stakeholders, we
dispose of this appeal with the following directions:
(i) The Writ Petition No. 10497 of 2022 pending before the
Indore Bench of the High Court may be taken up by a Division
Bench, preferably presided over by the Hon'ble Chief Justice of
the High Court or the senior most judge of the High Court Bench,
presiding the said Bench of the High Court, within a period of
three weeks;
(ii) Division Bench is requested to unseal the report in open
Court and supply copies thereof to both sides. If any part of the
report cannot be copied, the parties may be permitted to inspect
such part of the report in the presence of expert(s) and their
counsel;
(iii) Tereafter, the parties may be granted two weeks' time to
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submit their respective objections, opinions, suggestions, and/or
recommendations;
(iv) The Division Bench of the High Court may, thereafter, take
up the case for final hearing and all the submissions of the parties
may be duly considered at the time of final hearing; and
(v) Till the Writ Petition is finally decided, the parties shall
maintain status quo re: alteration in the character of the Bhojshala
Saraswati Temple-cum-Maulana Kamal Maula Mosque.
Meanwhile, the parties shall continue to abide by and implement
the order dated 07.04.2003 issued by the Director General of the
Archaeological Survey of India.
10. It seems that the order dated 07.04.2003 passed by the
Director General of Archaeological Survey of India was also
separately challenged in a writ petition before the High Court,
which was dismissed by a learned Single Judge. An intra-Court
Writ Appeal against the order of the Single Judge is stated to be
pending before the High Court. Let that appeal, along with any
other connected matter, be also heard by the Division Bench with
the main writ petition.''
As per para - 9(i), the Writ Petition No.10497 of 2022 pending before
the Indore Bench of the High Court may be taken up by a Division Bench,
preferably presided over by the Hon'ble Chief Justice of the High Court or
the senior most judge of the High Court Bench, presiding the said Bench of
the High Court within a period of three weeks.
In para - 10, it was brought to the notice of the Apex Court that an
intra-court appeal (Writ Appeal No.784 of 2006) is pending before the
Principal Seat of the High Court.
Considering the same, the Apex Court in para - 10 has observed that
the said appeal along with the other connected matters be also heard by the
Division Bench with the main writ petition.
In view of the aforesaid paras - 9 & 10, these matters be placed before
Hon'ble the Chief Justice for necessary orders for hearing the cases along
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with pending writ appeal (Writ Appeal No.784 of 2006) before Principal
Bench.
List these matters on 18.02.2026.
(VIJAY KUMAR SHUKLA) (ALOK AWASTHI)
JUDGE JUDGE
Ravi
