Archive · 18 Dec 2025
Gujarat HC Rejects Waqf Fee Exemption Petitions
The Gujarat High Court recently made a big decision.
It said that Muslim Waqf institutions, like mosques and trusts, have to pay court fees just like everyone else.
These institutions had asked for special treatment and not to pay fees when they go to court for things like rent disputes or who owns what.
But the court said no.
It explained that when these institutions go to court, it's like filing a regular lawsuit, and so they have to pay the usual fees.
The court also noted that these institutions didn't challenge the first order about the fees on time, so they can't complain about the second order that rejected their case because of unpaid fees.
This decision is important because it makes sure that all religious groups are treated equally in court.
The Gujarat High Court rejected 150 petitions from Muslim Waqf institutions seeking exemption from court fees.
The court ruled that applications under Section 83 of the Waqf Act are judicial proceedings and thus subject to the Gujarat Court Fees Act, 2004.
The institutions did not challenge the first order about the fees on time, so they can't complain about the second order rejecting their case.
The disputes involved contested rent claims, possession disputes, and rights of occupancy over key properties across the state.
Gujarat Deputy Chief Minister Harsh Ramesh Sanghvi called the decision historic, emphasizing equality before the law.
- Who
- Gujarat High Court, Muslim Waqf institutions
- What
- Rejection of 150 petitions seeking exemption from court fees
- When
- Wednesday, December 17, 2025
- Where
- Gujarat, India
- Why
- The court ruled that applications under Section 83 of the Waqf Act are judicial proceedings and thus subject to the Gujarat Court Fees Act, 2004, ensuring equality before the law.
Waqf Institutions
Gujarat High Court
Exemption from Court Fees
Waqf Institutions
Waqf institutions argued that applications under the Waqf Act do not require court fees as the Act does not mention them.
Gujarat High Court
The Gujarat High Court ruled that applications under Section 83 of the Waqf Act are judicial proceedings and thus subject to the Gujarat Court Fees Act, 2004.
Equality Before Law
Waqf Institutions
Waqf institutions sought special treatment, claiming they should be exempt from paying court fees.
Gujarat High Court
The court emphasized that all religious institutions, including Waqf boards, must pay court fees to ensure equality before the law.
- Court
- Gujarat High Court
- Petitions Rejected
- 150
- Institutions Involved
- Sunni Muslim Idgah Masjid Trust, Vadodara Saher Masjid Sabha Trust, Sarkhej Roza Committee
- Acts Involved
- Waqf Act, Gujarat Court Fees Act, 2004
- Key Issue
- Exemption from payment of court fees
- Judge
- Justice JC Doshi
- Legal Basis
- Section 83 of the Waqf Act, Section 1(5) and Section 4 of the Gujarat Court Fees Act, 2004
- Government Response
- Gujarat Deputy Chief Minister Harsh Ramesh Sanghvi called the decision historic, emphasizing equality before the law.
