High Court of Gujarat

RAJENDRABHAI R. SHETHversusTHE IN-CHARGE JOINT CHARITY COMMISSIONER,GUJARAT STATE

Disposal: 56-DISPOSED AT ADMISSION STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The petition is dismissed as moot because the final order issued by the Charity Commissioner supersedes the interim order.

Summary

The petitioners filed a special civil application challenging an interim order issued by the In‑Charge Joint Charity Commissioner, Gujarat. While the petition was pending, the Charity Commissioner passed a final order on 2 May 2026. The petitioners argued that the final order rendered their challenge to the interim order moot. The Court held that since the final order had been issued, the petition no longer survived and therefore was disposed of. Consequently, any interim relief granted was vacated and no order as to costs was made, with the petitioners left free to file fresh proceedings against the final order if they wish.

Issues considered

Whether a petition challenging an interim order survives after a final order on the same matter has been passed

Subjects

interim reliefpetition dismissedcharity lawmootnessfinal orderjurisdiction

Judgment

            C/SCA/3229/2026                                                   ORDER DATED: 05/05/2026




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SPECIAL CIVIL APPLICATION NO. 3229 of 2026

     ==========================================================
                      RAJENDRABHAI R. SHETH & ORS.
                                 Versus
       THE IN-CHARGE JOINT CHARITY COMMISSIONER,GUJARAT STATE &
                                  ANR.
     ==========================================================
     Appearance:
     MR PREMAL R JOSHI(1327) for the Petitioner(s) No. 1,2,3,4,5,6
     MR GH VIRK GOVERNMENT PLEADER WITH MS DHARITRI PANCHOLI
     AGP WITH MR SHAUNAK R VYAS AGP for the Respondent(s) No. 1
     PRITHU PARIMAL(9025) for the Respondent(s) No. 2
     ==========================================================

       CORAM:HONOURABLE MR. JUSTICE HEMANT M.
             PRACHCHHAK

                                              Date : 05/05/2026

                                                ORAL ORDER

              Mr. Premal Joshi, learned counsel for the petitioner submits that
     the present petition is filed challenging the impugned interim order
     passed by the In-Charge Joint Charity Commissioner, Ahmedabad and
     pending this petition, the final order was passed by the Charity
     Commissioner, Ahmedabad on 02.05.2026 and therefore, in view of
     the above order, the petition no longer survives.


              In view of the above, the petition stands disposed of. Interim
     relief, if any, stands vacated forthwith. There shall be no order as to
     costs.


                It is open for the petitioner to file appropriate proceedings
     challenging the final order and the same shall be decided by the
     respondent concerned authority in accordance with law.


                                                                   (HEMANT M. PRACHCHHAK,J)
     ANUSRI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 05/05/2026 17:18:26
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