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Madhya Pradesh High Court
Maulana Kamaluddin Welfare Society ... vs Home Department on 23 February, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 WP-28334-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WA No. 559 of 2026
(QAZI ZAKULLAH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
WP/6514/2013, WP/28334/2019, WP/10484/2022, WP/10497/2022
Dated : 23-02-2026
Shri Vishnu Shankar Jain - Advocate through for the appellant
(W.A.No.559/2026).
Shri A.K. Chitle - learned Senior counsel with Shri A.K. Pardeshi -
Advocate for the petitioner (W.P.No.6514/2023)
Shri Aviral Vikas Khare - Advocate for respondent No.2.
Shri Vinay Joshi - Advocate for the petitioner (W.P.No.10497/2022 &
W.P.No.10484/2022).
Shri Vishwajeet Joshi - Advocate, Ms. S. Bahal - Advocate, Ms. Nena
Mishra - Advocate and Shri S. Dubey - Advocate for respondent No.9.
Shri Syed Ansari - Advocate, Shri Noor Ahmed Sheikh - Advocate for
interveners.
Shri Aviral Vikas Khare - Advocate for respondent No.4 and
respondent No.2 (W.P.No.10484/2022)
Shri Mohammed Ikram Ansari - Advocate for respondent No.8.
Shri Mohammed Ishaq - Advocate for the petitioner
(W.P.No.28334/2019).
Shri Aviral Vikas Khare - Advocate for respondent No.8.
Shri Prashant Singh - learned Advocate General through V.C.
appeared with Shri Shrey Raj Saxena - Dy. A.G. for the respondents No.1, 2
and 3 (W.A.No.559/2024, W.P.No.28334/2019).
Shri Sunil Kumar Jain - Additional Solicitor General for respondent
2 WP-28334-2019
No.4.
Shri Rahul Sethi - AAG, Shri Neelesh Yadav - AAG, Shri Dhirendra
S. Parmar AAG with Shri Sudeep Bhargava Dy.AG and Shri Shrey Raj
Saxena Dy.AG for respondents/State (W.A.No.559/2024,
W.P.No.28334/2019).
Shri Romesh Dave- Deputy Solicitor General for respondents No.4
and 5 (W.A.No.559/2024, W.P.No.28334/2019).
As per the directions issued by the Apex Court on 22.1.2026 in Civil
Appeal No.466 of 2026 arising out of SLP (C) No.7023 of 2024 (Maulana
Kamaluddin Welfare Society Dhar V/s. Hindu Front for Justice & Ors.), the
matter was placed before this Bench in terms of the directions passed in (XI)
(i) and as per the order dated 18.2.2026 passed in W.A.No.784 of 2006
By the directions in para 9 (iii) of the order dated 22.1.2026, this
Bench was asked to unsealed the report of Archaeological survey of India in
open Court and to supply the copies thereof to both the sides. If any part of
the report cannot be copy, the parties may be permitted to spare such part of
the report in presence of expert and their counsel.
Shri Sunil Jain, learned Additional Solicitor General submitted that the
report was already unsealed and copies were supplied to the parties in terms
of the Court order dated 4.7.2024 passed in W.P.No.10497/2022. It is not in
dispute by the parties that the said report has already been supplied to them.
However, this fact was not brought to the notice of the Hon'ble Supreme
Court due to inadvertence.
The objection, opinion, suggestions or recommendations to the said
3 WP-28334-2019
report have not been filed by the parties till the date. In view of the aforesaid,
it seems that the fact that the report was already opened / unsealed as per the
order of this Court dated 4.7.2024 was not brought to the notice of the
Hon'ble Supreme Court and, therefore, the directions were issued in (ii). In
view of the aforesaid, now there is no need now to open / unsealed the said
report in the open Court and to supply the copies thereafter to both the sides.
Registry is directed to upload the said report in ERP.
The parties are granted two weeks from today to submit their
respective objections, opinions, suggestions and / or recommendations (in
view of the directions contained in para IX (iii). Number of I.A's have been
filed seeking permission to intervene in the matter.
Let the applications be supplied to the other sides if not already
supplied.
Reply to the said applications also be filed before the next date.
List the matter on 16.3.2026.
The interim order as contained in para 9.9(v) of the order dated
22.1.2026 passed by the Supreme Court shall continue.
(VIJAY KUMAR SHUKLA) (ALOK AWASTHI)
JUDGE JUDGE
SS/-
