The Allahabad High Court has sought responses from the Indian government and the Archaeological Survey of India (ASI) on a petition claiming the Taj Mahal was originally a Hindu temple known as "Tejo Mahalaya" and seeking a court-supervised inspection of the monument.
Justice Rohit Ranjan Agarwal on Monday issued notices to the Union government and the ASI, directing them to file counter-affidavits. The case will be heard after their responses are received, Indian media reported.
The petition, filed by advocate Hari Shankar Jain on behalf of the deity Lord Sri Agreshwar Mahadev Nagnatheswar Virajman through its "next friend", along with several devotees, challenges earlier court orders rejecting requests for an inspection of the Taj Mahal.
The petitioners have sought the appointment of an Advocate Commissioner to inspect, photograph and videograph the monument, arguing that such an exercise would help determine whether the structure was originally a Shiva temple rather than relying solely on its architectural features.
According to the petition, the Taj Mahal was originally an ancient Shiva temple called Tejo Mahalaya, allegedly built by Raja Paramardi Dev in 1155-56 AD before later coming under the control of Raja Man Singh and Raja Jai Singh of Jaipur. It further claims Mughal emperor Shah Jahan later converted the structure into a mausoleum for his wife Mumtaz Mahal by incorporating Islamic architectural elements.
To support their case, the petitioners cited 109 archaeological and historical features they claim point to the monument's Hindu origins, including the lotus-petal design and finial atop the main dome. They also referred to a structure within the complex that ASI records allegedly describe as a "gaushala" (cowshed), arguing that such a feature is associated with Hindu temples rather than Mughal mausoleums.
The petition also alleges that the ASI permits Muslims to offer Friday prayers at the monument while restricting access to several locked sections. It seeks a declaration that the Taj Mahal is a Hindu temple and permission for Hindus to perform darshan and prayers there under Article 25 of the Indian Constitution.
The legal dispute dates back to 2019, when the petitioners first sought a court-appointed survey of the monument. After lower courts rejected the request, they approached the Allahabad High Court, arguing that those decisions were based on technical grounds rather than the merits of appointing an Advocate Commissioner.
The High Court has not expressed any view on the merits of the petition and has only sought responses from the Centre and the ASI before proceeding further.
