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On the other hand, Shri K.C. Sinha, leaned counsel appearing for the respondents submitted that the petition raises disputed questions of facts; it is neither desirable nor feasible to decide the factual controversy in writ jurisdiction and the petition can not be said to be in Public Interest. He, therefore, submitted that the petition should not be entertained and should be dismissed.
We have considered the rival submissions made by the learned Counsel for the parties and gone through the voluminous literature submitted by Shri Saxena.
We are , however of the considered opinion that petition raises disputed question of facts, which can not be adjudicated upon in a Writ Jurisdiction. We therefore declined to entertain this petition and dismissed it with the liberty to the petitioner to approach the appropriate forum, if so advised.
21. 02. 2005 Sd. Dr. B. S. Chauhan J.
Sd. Dilip Gupta, J.
AHA
COURT NO. 34
CIVIL MISC. WRIT PETITION NO. 36818 OF 2004
Institute of Rewriting Indian History & Anr. ------------------------Petitioner
Versus
Union of India & Ors. ---------------------------------------------Respondents
Hon’ble Dr. B.S. Chauhan, J.
Hon’ble Dilip Gupta, J.
(By The Court)
This Writ petition has been filed as a Public Interest Litigation seeking the relief of declaration in the nature of mandamus for notifying that Taj Mahal was not built by Shahjahan; remove all the notices displayed by the Archeological Survey of India showing Taj Mahal premises crediting Shahjahan as its creator and further desist from writing /publishing/proclaiming/ propagating and teaching about Shahjahan being the Author of Taj Mahal and stop and discontinue the free entry in Taj Mahal premises on Friday in the week. A further direction has been sought that the authorities be further directed to open the locks of upper and lower portions of the four- storied building of Taj Mahal having number of rooms; to remove the bricked up walls built later blocking such rooms therein; and further to bring out the idols and inscriptions hidden in the Taj Mahal by Shahjahan ‘s order and declare the same as a Hindu Temple.
We have heard Shri Y. K. Saxena, learned Counsel for the petitioner at leangth and Sri K.C. Sinha, learned Counsel appearing for the respondents and have perused the averment made in the petition as well as supplementary affidavit.
Shri Saxena, learned Counsel appearing for the petitioners has vehemently submitted that originally, there was a Hindu Temple over which by raising superstructures, the Taj Mahal was built by Shahjahan . Thus , in fact, a Hindu temple was converted into a “Majar”. In support of his contention, he has taken us through literature, mainly, written by Shri P. N. Oak and the same include” The Greatest Historical discovery of Modern Times- The Taj Mahal is a Temple Palace” published by Hindi Sahitya Sadan, 2003 Edition, “ Taj Mahal – Tejo –Mahalaya Shiva Mandir Hai” 1998 Edition, published by the same publisher; Fatehpur seekri Ek Hindu Nagar”, Agra Ka Lal Kila Hindu Bhawan Hai” in Hindi 1998 Edition;, “ Some Blunders of Indian Historical Research” 2003 Edition; Thatta Islamic Architecture” Written by Professor Ahmad Hasa Dani, Professor, Emerritus Quaid- I – Azam University, Islamabad, published by Institute of Islamic History. Culture & Civilization, Islamabad, Pakistan, ‘Manu Smirit’, and on the basis of the same, he tried to convince us that us is entitled for the aforesaid relief.
Throwing a stone up on the Moon may not be considered as an intelligent step but without throwing the stone in the upward direction, the heights attended by the trees in the Garden may not be crossed. It is only matter of appreciation and understanding by the individuals as to whether he may understand that the fellow is throwing the stone to cross the barrier or to some impossible distances. However even after being conversant that the person may suffer the innoclasm towards his objectives in life, but the said Individual’s approach becomes a guiding factor to other associate.The father of the individual enthusiastic personality may seldom be not able to cope up the requirement of adjustment in life with his son but certainly there is an implied appreciation which is not demonstrated but can be felt with his behavior. Thus the child who understand that it is on account of close affinity that the matter of appreciation become an unnecessary formality and this creates a misunderstanding.
People worships to God as he is unknown as usually inaccessible. Likewise the enthusiasm of an individual is indirectly related with the destiny and incase if the Luck permits, there is every possibility of achieving the success. Who will not like to become conversant with an important personality and likewise people outside may start appreciation with a critical assessment regarding your performance. Thus neither the disappointment is required nor there is any need to provide undue prominence to such negative approach. Though thy path be dark but there is a guiding factor which is given to the people by the nature and not by the individuals. Thus one should not have taken into consideration on that what the others think about you but you should think what you think of yourself. The dimension and horizon created by our mentor guardian of all the three organs on account of its slave orientation to drag an individual to the point of abrogation and subjugation by confining his inner instincts and his existence is an iron cage, not having any ventilation and people are living in the state of suffocation, virtually on the verge of their death point. There is a complete apathy of the custodian of the power towards their welfare and in our country "We, the people " who are regarded to be the sovereign of the nation are living a life full of abrogation and subjugation
Yogesh Kumar Saxena, Advocate, High Court, Allahabad, U.P.
Ex. Vice President, Advocate’s Association, Chamber No. 139,High Court
Hind Kishan Sangthan,/ All India Lawyer’s Association, High Court, Allahabad Trained Mediator of the first batch of Mediation Team
Registration No. 946 of 1974 ( U.P.Bar Council of Allahabad)
Special Counsel in Ganga Pollution Matter
Executive Member, World Parliament Experiment (Bonn) Germany 22nd Feb. 7th March 2008
Yoga superior studies &meditation science technique, 4215 NW 7 Street, #34, Miami, FL33126
International conferences of Chief Justices of the World
(Co Coordinators and Co- Organizers) at City Montessori School, Lucknow
yogrekha@gmail.com, yogrekha@rediffmail.com, 0532-2637720, 2436451, 9415284843, 9792131584,
Hello,
My name is mary, i got you from..education.ning.com.., and i want to have a
good relationship with you, please i need your cooperation,
am yours mary
this is my email address,(marymabou009@yahoo.com)
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Hello My Dear
My Name is Faith i Hopefully this mail will find you in a perfect state of mind and good healthy condition.While going through this sites today, I came accross your profile which I personally find interesting,So in a specially manner i will like to further communication with you and as for us to know each other well,if you share thesame view with me you can reach me through my personal email address (future_aim1@rocketmail.com) i will tell you more about me and my picture in reply,i will be Hoping to hear from you,Yours new friend,Faith
We have considered the rival submissions made by the learned Counsel for the parties and gone through the voluminous literature submitted by Shri Saxena.
We are , however of the considered opinion that petition raises disputed question of facts, which can not be adjudicated upon in a Writ Jurisdiction. We therefore declined to entertain this petition and dismissed it with the liberty to the petitioner to approach the appropriate forum, if so advised.
21. 02. 2005 Sd. Dr. B. S. Chauhan J.
Sd. Dilip Gupta, J.
AHA
CIVIL MISC. WRIT PETITION NO. 36818 OF 2004
Institute of Rewriting Indian History & Anr. ------------------------Petitioner
Versus
Union of India & Ors. ---------------------------------------------Respondents
Hon’ble Dr. B.S. Chauhan, J.
Hon’ble Dilip Gupta, J.
(By The Court)
This Writ petition has been filed as a Public Interest Litigation seeking the relief of declaration in the nature of mandamus for notifying that Taj Mahal was not built by Shahjahan; remove all the notices displayed by the Archeological Survey of India showing Taj Mahal premises crediting Shahjahan as its creator and further desist from writing /publishing/proclaiming/ propagating and teaching about Shahjahan being the Author of Taj Mahal and stop and discontinue the free entry in Taj Mahal premises on Friday in the week. A further direction has been sought that the authorities be further directed to open the locks of upper and lower portions of the four- storied building of Taj Mahal having number of rooms; to remove the bricked up walls built later blocking such rooms therein; and further to bring out the idols and inscriptions hidden in the Taj Mahal by Shahjahan ‘s order and declare the same as a Hindu Temple.
Shri Saxena, learned Counsel appearing for the petitioners has vehemently submitted that originally, there was a Hindu Temple over which by raising superstructures, the Taj Mahal was built by Shahjahan . Thus , in fact, a Hindu temple was converted into a “Majar”. In support of his contention, he has taken us through literature, mainly, written by Shri P. N. Oak and the same include” The Greatest Historical discovery of Modern Times- The Taj Mahal is a Temple Palace” published by Hindi Sahitya Sadan, 2003 Edition, “ Taj Mahal – Tejo –Mahalaya Shiva Mandir Hai” 1998 Edition, published by the same publisher; Fatehpur seekri Ek Hindu Nagar”, Agra Ka Lal Kila Hindu Bhawan Hai” in Hindi 1998 Edition;, “ Some Blunders of Indian Historical Research” 2003 Edition; Thatta Islamic Architecture” Written by Professor Ahmad Hasa Dani, Professor, Emerritus Quaid- I – Azam University, Islamabad, published by Institute of Islamic History. Culture & Civilization, Islamabad, Pakistan, ‘Manu Smirit’, and on the basis of the same, he tried to convince us that us is entitled for the aforesaid relief.
People worships to God as he is unknown as usually inaccessible. Likewise the enthusiasm of an individual is indirectly related with the destiny and incase if the Luck permits, there is every possibility of achieving the success. Who will not like to become conversant with an important personality and likewise people outside may start appreciation with a critical assessment regarding your performance. Thus neither the disappointment is required nor there is any need to provide undue prominence to such negative approach. Though thy path be dark but there is a guiding factor which is given to the people by the nature and not by the individuals. Thus one should not have taken into consideration on that what the others think about you but you should think what you think of yourself. The dimension and horizon created by our mentor guardian of all the three organs on account of its slave orientation to drag an individual to the point of abrogation and subjugation by confining his inner instincts and his existence is an iron cage, not having any ventilation and people are living in the state of suffocation, virtually on the verge of their death point. There is a complete apathy of the custodian of the power towards their welfare and in our country "We, the people " who are regarded to be the sovereign of the nation are living a life full of abrogation and subjugation
Yogesh Kumar Saxena, Advocate, High Court, Allahabad, U.P.
Ex. Vice President, Advocate’s Association, Chamber No. 139,High Court
Hind Kishan Sangthan,/ All India Lawyer’s Association, High Court, Allahabad Trained Mediator of the first batch of Mediation Team
Registration No. 946 of 1974 ( U.P.Bar Council of Allahabad)
Special Counsel in Ganga Pollution Matter
Executive Member, World Parliament Experiment (Bonn) Germany 22nd Feb. 7th March 2008
Yoga superior studies &meditation science technique, 4215 NW 7 Street, #34, Miami, FL33126
International conferences of Chief Justices of the World
(Co Coordinators and Co- Organizers) at City Montessori School, Lucknow
yogrekha@gmail.com, yogrekha@rediffmail.com, 0532-2637720, 2436451, 9415284843, 9792131584,
My name is mary, i got you from..education.ning.com.., and i want to have a
good relationship with you, please i need your cooperation,
am yours mary
this is my email address,(marymabou009@yahoo.com)