Allahabad HC takes up plea claiming 'Tejo Mahalaya' temple inside Taj Mahal, seeks response from Centre, ASI
The Allahabad High Court has agreed to examine a petition claiming that the Taj Mahal in Agra houses a "Tejo Mahalaya" temple beneath its structure, reviving a long-running legal dispute over the origins of the Mughal-era monument.
Justice Rohit Ranjan Agarwal on Monday issued notices to the Centre, the Archaeological Survey of India (ASI) and other respondents, observing that the matter warrants consideration under Article 227 of the Constitution.
Petition seeks scientific survey
The petitioners, represented by senior advocate Hari Shankar Jain, argued that the historical character of the Taj Mahal cannot be conclusively determined without a comprehensive scientific and physical survey of the monument.
They urged the court to permit an examination of the premises to identify any alleged Hindu religious symbols, architectural remains or other physical evidence that could shed light on the site's history.
The Centre and the ASI are being represented by Additional Solicitor General Manoj Kumar Singh.
Long-running legal battle
The dispute traces its origins to 2015, when the petitioners filed a civil suit in an Agra court seeking the appointment of an Advocate Commissioner under Order 26 Rule 9 of the Civil Procedure Code (CPC).
The application sought a local inspection of the Taj Mahal complex to document what the petitioners described as possible Hindu religious iconography and architectural features.
However, the Civil Judge (Senior Division), Agra, dismissed the application on July 18, 2019, on technical grounds.
The petitioners subsequently challenged the order before the District Court, but the Additional District Judge, Agra, rejected the revision petition on April 4, 2026, holding that it was not maintainable.
High Court issues notice
After the lower courts declined to order a survey, the petitioners approached the Allahabad High Court under Article 227, contending that the earlier rulings prevented them from collecting physical evidence that they believe is essential to determining the monument's historical origins.
The High Court has directed that notices be served on all respondents within 10 days and asked them, including the Centre and the ASI, to file their counter-affidavits before the next hearing.
The court has not expressed any view on the merits of the petition, which will be considered at a later stage.
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