The Indore bench of the High Court, comprising Justices P K Jaiswal and J K Jain, served notices to the Centre and the state, seeking their replies.
The bench was hearing a petition filed by Arun Singh Thakur (24), a resident of Dhar, who has sought quashing of the ASI order.
The order had been issued by ASI Director General Rakesh Tiwari on January 20, 2016, under Ancient Monuments and Archaeological Sites and Remains Act 1958 and Ancient Monuments and Archaeological Sites and Remains Rule 1959.
Hindus consider Bhojshala as the temple of Goddess Wagdevi (Saraswati), whereas Muslims treat it as Kamal Moula mosque.
In the normal course, Hindus are allowed to perform puja on Tuesdays, while Muslims offer namaz on Fridays. The structure is open to all on rest of the days. However, with Basant Panchami and Friday namaz overlapping on February 12, both sides are refusing to give up their access to the 11th century AD monument, which many dub as "mini-Ayodhya".
Manish Yadav, counsel for the petitioner, told reporters here that "The ASI order is illegal, arbitrary and malicious. As per government records, Hindus and Muslims have separate places of worship at Bhojshala premises. But the ASI has vitiated the atmosphere by giving permission to Muslims to offer Namaz at Hindus' place of worship. As a result, the common people of both the communities and authorities were facing problems."
Tension has been brewing in Dhar for the last one month in the run-up to the festival as members of both the communities could not arrive at a mutually agreeable solution over paying obeisance as per their respective faith at the protected archaeological structure.
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