Chhattisgarh High Court
Administrative and Public LawCivil Procedure and Evidence

Withdrawal of the impugned order rendered the writ petition infructuous.

HANIF KHAN vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
Withdrawal of the impugned order rendered the writ petition infructuous.. HANIF KHAN vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners challenged an order dated 03.09.2026 appointing an administrator to manage respondent No. 5 Trust.

Source reference: para. 2

They contended that the Chief Executive Officer of the Chhattisgarh State Wakf Board had acted without authority because the Board had not passed a resolution authorising the appointment.

Source reference: para. 2

Respondents Nos. 2 and 3 stated that the impugned order had been withdrawn, and submitted that the petition had become infructuous.

Source reference: para. 3
02

Issues

Whether the petitioners’ challenge to the order dated 03.09.2026 required further consideration after respondents Nos. 2 and 3 stated that the order had been withdrawn.

Source reference: paras. 3, 5–6

Whether the Chief Executive Officer had authority to appoint an administrator without a decision of the Waqf Board. This contention was raised by the petitioners but was not determined on its merits.

Source reference: para. 2
03

Law Applied

The Court did not apply or interpret any statutory provision or precedent in resolving the petition.

Source reference: no citation

The petitioners invoked Sections 14 and 32 of the Waqf Act, 1995, arguing that the Board’s powers could not be exercised independently by its Chief Executive Officer or Chairperson; these were submissions, not findings of the Court.

Source reference: para. 2

The Court disposed of the matter on the basis that the impugned order had been withdrawn and no further relief required consideration.

Source reference: paras. 5–7
04

Reasoning

The Court relied on respondents Nos. 2 and 3’s statement that the impugned order had been withdrawn. On that basis, it found that nothing further survived for consideration and that the relief sought no longer required adjudication.

Source reference: paras. 3, 5–6

It therefore did not decide whether the Chief Executive Officer had acted without jurisdiction or determine the petitioners’ arguments under the Waqf Act.

Source reference: paras. 2, 7
05

Holding

The Court disposed of the writ petition as infructuous following withdrawal of the impugned order.

The interim order dated 17.09.2026 consequently came to an end.

Source reference: para. 8
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.

Waqf (Amendment) Act, 20252

Section 14Section 32
Chhattisgarh High Court

Original Court PDF

HANIF KHANvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 28, 2026

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