- The Allahabad High Court took up a petition about a temple inside the Taj Mahal
- The court issued notices to the government and others for a response
- Petitioners seek a scientific survey to uncover religious symbols at the site
The Allahabad High Court has finally intervened in the dispute surrounding the iconic Taj Mahal in Agra, one of the world's most popular heritage sites built during the Mughal era. The court has taken up a petition claiming that a 'Tejo Mahalaya' temple exists inside the world-famous monument and issued a notice to the government and other respondents.
Justice Rohit Ranjan Agarwal deemed it worthy of judicial scrutiny and formally noted that the matter requires consideration under the constitutional jurisdiction of Article 227 of the Constitution.
Lower courts had earlier rejected calls for a scientific evaluation and physical survey of the Taj's premises.
During the hearing on Monday, the petitioners, represented by senior counsel Hari Shankar Jain and advocate Saumya Srivastava, argued that an accurate historical evaluation of the site is impossible without a comprehensive, scientific, and physical survey aimed at underlying religious symbols and architectural remnants.
On the other side are the government and the Archaeological Survey of India, represented by Additional Solicitor General and advocate Manoj Kumar Singh.
The writ petition stems from a prolonged legal battle originating in the local courts of Agra in 2015. The petitioners had then filed a civil suit seeking the appointment of an Advocate Commissioner under Order 26 Rule 9 of the Civil Procedure Code (CPC). The primary objective of that application was to conduct a local inspection of the Taj Mahal premises to document potential Hindu religious iconography and architectural structures.
However, the Civil Judge (Senior Division) of Agra had rejected the application on July 18, 2019, on technical grounds. Determined to pursue the survey, the petitioners preferred a revision petition before the District Court. On April 4, 2026, the Additional District Judge of Agra dismissed the revision petition, ruling that it was not maintainable under the law.
Left with no other remedy, the petitioners approached the high court under Article 227, asserting that the lower courts' dismissal blocked the collection of crucial physical evidence necessary to determine the historical reality of the site.
In a move to ensure prompt compliance, the court also ordered that steps for the service of the notice be executed within 10 days.
The court has also granted interim permission and explicit instructions to all respondents, including the government and the ASI, to file their counter-affidavit before the next hearing.
Inputs by Deepak Gambhir
