High Court of Gujarat

MOHAMMEDALI ABDUL RAHIM MOMINversusGUJARAT STATE WAQF BOARD

Disposal: DISPOSED AS INFRUCTUOUS
Bench: HEMANT M PRACHCHHAK

Holding

The petition is infructuous and is hereby disposed of, with interim relief vacated.

Summary

Petitioner Mohammedali Abdul Rahim Momin filed a Special Civil Application seeking permission to conduct certain activities during the holy month of Muharram. The petitioner argued that the relief sought was still pending, but it was revealed that the same relief had already been pursued before the Gujarat State Waqf Tribunal, which disposed of WAQF Application No. 15 of 2024 on 4 November 2025. Consequently, the High Court held that the petition had become infructuous. The Court did not examine the merits of the case and ordered that the petition be disposed of, with any interim relief previously granted being vacated. The order also directed that the petitioner may approach the appropriate authority if any difficulty arises.

Issues considered

The petition's maintainability after the same relief was adjudicated by the Gujarat State Waqf Tribunal.

Subjects

WaqfSpecial Civil ApplicationInfructuous petitionInterim reliefGujarat State Waqf Board

Judgment

    C/SCA/11925/2023                             ORDER DATED: 21/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 11925 of 2023

================================================================
                   MOHAMMEDALI ABDUL RAHIM MOMIN
                                Versus
                   GUJARAT STATE WAQF BOARD & ORS.
================================================================
Appearance:
RIZWAN SHAIKH(7146) for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 2
MR APURVA R KAPADIA(5012) for the Respondent(s) No. 4,5,6
MR ASHOK B MODI(3568) for the Respondent(s) No. 3
MR MANISH S SHAH(5859) for the Respondent(s) No. 1
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                           Date : 21/04/2026

                                ORDER


      Learned counsel Mr. Rizwan Shaikh, appearing on behalf of the
petitioner, has submitted that the grievance raised in the present
petition does not survive any longer, more particularly, the relief
sought that during the Holy month of Muharram, they may be
permitted and allowed but, in fact, thereafter, the petitioner had
approached the Gujarat State WAQF Tribunal twice and the Tribunal
has disposed of the application being WAQF Application No. 15 of
2024 on 04.11.2025 preferred by the petitioner for the subsequent
years and therefore, the present petition has become infructuous.


      In view of above, present petition stands disposed of as having
become infructuous. Notice is discharged. Interim relief, if any, stands
vacated forthwith.


      It is observed that this Court has not entered into the merits of



                                Page 1 of 2
          C/SCA/11925/2023                                                        ORDER DATED: 21/04/2026




  the matter.


            In case of any di昀케culty, it is open for the petitioner to approach
  the appropriate authority.

                                                                     (HEMANT M. PRACHCHHAK,J)

  Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2026 18:00:40


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