A Delhi Court on Saturday dismissed a review petition filed by Kunwar Mahendra Dhawaj Prasad Singh against the dismissal order of an intervention application claiming ownership of the land comprising the Qutub Minar Complex.
Additional District Judge (ADJ) Dinesh Kumar of the Saket Court held: “I do not find any reason sufficient to review the order dated 20.09.2022 passed by this Court. This Court cannot again review the said order just to find out whether there is another view possible or not. I am of the considered opinion that the applicant has failed to show any sufficient ground for review of the order dated 20.09.2022. The application is without merits. It is, therefore, dismissed and disposed of accordingly.”
“It is a settled position of law when a party is aggrieved by an order or judgment on the ground that it is erroneous, the only remedy available is to question the said order in the appeal. A review application cannot be allowed to be an appeal in disguise,” the ADJ added.
“Only because the applicant did not find that observation of the Court in his favour is not a ground for review of the order. The Court has already held that the applicant is neither a necessary nor proper party,” the judge said.
The court also stated that the other grounds argued by the applicant’s counsel are also unable to show any ground where there is an error visible on the face of the record in the said order.
On September 20, the judge dismissed an IA claiming ownership of the land comprising the Qutub Minar Complex and stated that the decision will be tabled on the issue of the maintainability of the plea in a suit that seeks restoration of Hindu temples at the Qutub Minar Complex.
The intervention application has been filed by Kunwar Mahender Dhwaj Pratap Singh claiming that he is the heir of the United Provinces of Agra. He submitted: “I still have the authority of being a sovereign king…It hasn’t been transferred.”
Earlier, advocate Amita Sachdeva, appearing for the original applicant (Tirthankar Lord Rishabh Dev through next friend Hari Shankar Jain), had argued that the intervener is claiming property rights after 102 years, and he has no interest in receiving any sort of court redress.
This petition should be dismissed with severe penalties because it is nothing more than a publicity gimmick, the counsel had averred.
In the original suit, the petitioner alleged that: “In exercise of powers under Section 3 of the Act, the Government of India acquired ownership of the entire area of Quwwatul Islam Masjid and administrative control was handed over to ASI. However, on the date of acquisition of the area, nobody was representing the temples and deities and no opportunity was granted to them as required under section 10 of the Ancient Monuments Preservation Act, 1904 even though property continues to be vested in the deity.”
The plea sought worship rights at the Qutab Minar complex as well as restoration of Hindu and Jain deities’ temples, which were allegedly demolished by Qutubdin Aibak, located in the present Qutub Complex.
On September 14, ADJ Kumar reserved the order on maintainability in the plea.
In related news, the court dismissed a civil suit seeking worship rights at the Qutab Minar complex as well as restoration of Hindu and Jain temples, which were allegedly demolished by Qutubdin Aibak located in the present Qutub Complex.
However, later, the court admitted an appeal filed against the order granting status quo on Qutab Minar Complex.
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