Yogesh Saxena

OM, LOTUS, KALASH, TRIDENTS AND ANGOOR KI BELA, with 8th Dimension

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.
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

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Yogesh Saxena Comment by Yogesh Saxena on September 1, 2010 at 8:15pm
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD.

WRITTEN SYNOPSIS
IN
Civil Misc. Writ Petition No. 36818 of 2004
(Under Article 226 of constitution of India)

(District – Agra)

1. Institute of Rewriting Indian History Through its Founder President, P. N. Oak S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill Society,
Aundh, Pune – 411007
2. P. N. Oak. S/O Late Shri Nagesh Krishna Oak, R/O - Plot No. 10, Goodwill
Society, Aundh, Pune - 4110071. Founder President, Institute of Rewriting
Indian History, Aundh, Pune - 4110071 ------------------------Petitioner

VERSUS

1. Union of India through Secretary,
Human Resources and Development (HRD),
Government of India, New Delhi.

2.Secretary, Tourism and Archeological Department, Govt. of India,
New Delhi

3.Director General,
Archaeological Survey of India,
Government of India, Janapath, New Delhi.----------Respondents.

---------------------

That the controversy involved in the present writ petition filed on behalf of the petitioner’s institution, namely, “ Institute for Re-writing Indian (and World) History.
 It is submitted that on account of hiding the ground floor from the exposure to the public of all these monuments, there has been the complete neglect resulting in demolition of the of the existing structures of all the three monuments. It has come to notice of the general public through different media reports, that Taj Mahal and other monuments are dying and there has been the tilting of the minarets and its foundation may be sinking. The petitioner is further placing the photographs having the description written by Archeological Survey of India on the marble stone planted outside the Taj building, which has the vital contradictions, in itself indicating the construction of Taj Mahal built during reign of emperor Shah Jahan from 1628 to 1656 AD, while Anjuman Bano the niece of emperor Noor Jahan and the daughter of Mirza Gihas Beg admittedly died on 17th June 1631, The true copy of the Photographs and writing displayed on the marble plank out side the Taj building that the doors affixed towards Yamuna side were found for being carved out from the wooden material, which were found to be aged about more than 800 years at Brookline University, through carbon dating test-14 conducted in America and as such these doors have been mysteriously disappeared by the interested parties under the garb of maintenance of building under the provision of Wakf Act,1995. There are more than ten chambers of the ground floor, which have been sealed while twenty two chambers were hidden inside the red stone building, for which, there is description in Moinnudeen Book “The Taj and its Environments”.

Sri P.N. Oak was born on 2nd March 1917 at Indore and he fought the battle of independence in association with Neta Ji Sri Subhash Chandra Bose and thereafter conducted the research on the ancient Vedic Cultural Heritage in India and also in different part of the World. He is now running at the age of above 87 years.
“I am unjust, but I can strive for justice,
My life’s unkind, but I can vote for kindness.
I, the un-loving, say life should be lovely,
I, that am blind, cry against my blindness”.

That the dawn of independence has virtually came with confrontation of many problems for effective administration. The foremost and the prominent problem was rehabilitation of the refugees. There was no place for providing them the basic requirement of shelter and for that reason, the government provided the shelter home for them. The locality was not congenial for their adaptation. Thus the hostility amongst the people has started generating their side effects. The civilisation is the beginning of the governance to any nation. In absence of any co-ordination amongst the fellow citizens, the concept of social embodiment was virtually evasive. Thus there was neither any co-operation nor co-ordination

हिन्दी टाइपराइटर

 


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