The Allahabad High Court, in dismissing the plea of the mosque committee challenging a January 31, 2023 order of the Varanasi Court permitting 'Pooja' in 'Vyas Tehkana' or the southern cellar of the Gyanvapi complex, remarked that "the worship and rituals which were consistently conducted in the cellar by the Vyas family until 1993 were discontinued due to the unlawful actions of the State, lacking any written order."

The bench, led by Justice Rohit Ranjan Agarwal, emphasized that "Article 25 of the Constitution of India guarantees freedom of religion. The Vyas family, who had been conducting religious worship and rituals in the cellar, could not be deprived of access based solely on verbal instructions.

Furthermore, concerning the possession claim made by the Anjuman Intezamia Masajid Committee, which oversees the administration of the Gyanvapi complex, the court determined that "it could not establish prima facie possession over the property, especially considering that the area was enclosed with iron fencing and barricades in 1993."

Moreover, the court rejected the argument presented by the mosque committee that the grant of an interlocutory mandatory injunction, restraining them from creating any obstruction, hindrance, or interference in the conduct of daily Pooja, Aarti, Bhog, and observance of all rituals to the deities present in the southern cellar, equated to the provision of final relief.

The court determined that such a submission was unfounded, emphasizing that the rights of the appellant (the mosque committee) would not be adversely affected, particularly since they had failed to establish prima facie possession. The Muslim side had challenged the order, alleging bias on the part of the Varanasi Court judge who permitted a Hindu priest to conduct 'Pooja' in 'Vyas Tehkana'.

The Hindu side argued that the order permitting the puja inside the Tehkhana was not improper, contrary to the claims made by the Muslim side. Their primary contention was that Hindu puja in the southern cellar had been conducted until 1993, and there was no prohibition against its continuation at present.

Following the Varanasi district court's order on January 31 allowing Hindu devotees to worship in 'Vyas Tehkana', the pooja commenced shortly thereafter. In response to the local court's directives, the mosque management committee approached the Supreme Court, which subsequently referred the matter to the Allahabad High Court for adjudication.

On January 31, the Varanasi District Court granted permission to priest Shailendra Kumar Pathak, who had filed a plea seeking direction to allow him the right to worship Hindu deities in the cellar of the Gyanvapi. Significantly, in its recent report, the Archaeological Survey of India (ASI) confirmed the existence of a Hindu temple beneath the current structure of the mosque.