A civil suit has been filed in Mathura Court on behalf of ShriKrishna Janam Bhoomi for the removal of the masjid present on that land. The plea has been filed in the name of “Bhagwan ShriKrishna Virajmaan”, through next friend “Ranjana Agnihotri”. The plea seeks the removal of encroachment and superstructure illegally raised by the committee of the masjid with the consent of the Sunni Central Board of Waqf at Mathura belonging to Shree Krishna Virajmaan.
The Second plaintiff is Shree Krishna Janmabhoomi which is the birth place of Lord Krishna. The plaintiffs state that this place has a lot of significance in the religious scriptures as well as Hindu Law. They plea to ensure that all rituals are taken place according to Article 25 of the Indian Constitution at the birth place of Lord Krishna.
The plaintiffs further argue that according to Article 26 of the Indian Constitution they have the right to hold or manage the property belonging to or owned by deity Lord Shree Krishna Virajmaan. It is stated that in 1968, the Society Shree Krishna Janamasthan Seva Sangh entered into a compromise with the management of Trust Masjid Idgah.
The plaintiffs have said that the original karagar, i.e, the birth place of Shri Krishna lies beneath the construction raised by Trust Masjid Idgah. The Sunni Board, the defendant, has further stated that as it without any authority of law and in utter violation of decree of the Court with the help of some Muslims put super construction and intruded upon the land of Katra Keshav Dev belonging to Shree Krishna Janmasthan Trust.
In response to this, the petitioners have submitted that as per Hindu Law prevalent in India from thousands of years it is well recognized that the property once vested in the deity shall continue to be the property vested by the deity and cannot be destroyed or lost.