Supreme Court to Examine Waqf Suit Rejection Over Court Fees
The Supreme Court has agreed to hear a plea challenging a Gujarat High Court order that upheld the rejection of waqf suits for non-payment of court fees. The case raises a significant question about whether waqf institutions are exempt from paying court fees in proceedings before the State Waqf Tribunal.
A bench of Justices Manoj Misra and Vijay Bishnoi issued notice on the plea filed by the Ahmedabad Sunni Muslim Waqf Committee, returnable in six weeks. The order was passed on August 7.
The committee argued that the High Court failed to appreciate that neither the Waqf Act nor the Rules provide for payment of court fees. “Therefore, it is evident that both the Act and the Rules expressly exclude payment of court fees,” the plea stated.
The case originates from a December 17, 2025, judgment of the Gujarat High Court, which dismissed a batch of pleas filed by waqf institutions challenging orders of the Gujarat State Waqf Tribunal. The tribunal had rejected proceedings related to disputes over waqf properties due to insufficient court fees.
The High Court held that there was no blanket exemption or waiver available to waqf institutions from paying court fees for proceedings instituted under Section 83 of the Waqf Act before the State Waqf Tribunal. It also rejected the contention that court fees were not payable because proceedings under Section 83 are initiated through an application rather than a plaint or a suit.
The High Court observed that such proceedings involve the adjudication of rights relating to waqf properties, including landlord-tenant disputes, and are conducted in a manner akin to civil suits, with written statements, framing of issues, evidence, and final adjudication. This, it said, made them subject to court fees.
The Supreme Court will now examine whether this interpretation is correct, particularly in light of the committee’s assertion that the Act and Rules do not prescribe court fees for such proceedings.
This case is separate from the ongoing legal challenge to the 2025 Waqf (Amendment) Act. The Supreme Court has previously issued interim orders on that law, but the current plea focuses specifically on the procedural issue of court fees in waqf disputes.
Waqf properties are assets dedicated for religious or charitable purposes under Islamic law. Disputes over such properties are adjudicated by State Waqf Tribunals, with appeals or challenges going to High Courts and, subsequently, the Supreme Court.
The outcome of this plea could have broader implications for waqf institutions across India, as it may clarify the extent of their financial obligations when seeking legal remedies. The bench’s decision to issue notice indicates that the court considers the matter worthy of detailed examination.
