Judgment : A.M. Khanwilkar, C.J. - 1. Heard counsel for the parties. 2. The grievance of the petitioner in this petition, purported to be public interest litigation, is essentially about the transfer of property of Baba Balak Nath Temple Trust, Bilaspur, in favour of private respondent No.6, without following the proper procedure and more particularly, compromising the interest of the Trust. From the scheme of the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Rules, 1984 framed under the Act of 1984, it is amply clear that such grievance can be and ought to be examined by the Authority appointed for that purpose. Rule 8 of the Rules reads thus: "8. Applications under section 12 seeking transfer of land.-The application seeking permission for transfer of immovable property belonging to, or given or endowed for the purpose of any Hindu Public Religious Institution and Charitable Endowment by way of exchange, sale, mortgage or in any other manner whatsoever or for the lease of any such property shall be in form "C"." On plain language of these Rules, we have no manner of doubt that the question regarding exchange, sale, mortgage or transfer in any other manner whatsoever of the Trust property can be taken forward only after taking permission of the appointed Authority. The grievance of the petitioner that proper procedure has not been followed, in our opinion, can be examined by the said Authority. Even if it is a case of grant of ex-post facto permission, whether such ex-post facto permission can be granted or not, in law, is also a matter to be examined by the said Authority, if such representation is made before it by any person interested in the Trust in that behalf. 3. In the circumstances, instead of examining the grievance of the petitioner for the first time in the present proceedings, we deem it appropriate to direct the Authority appointed under Rule 3, who is responsible to consider such issues covered by Rule 8, must examine the grievance of the petitioner on its own merits, after giving opportunity of being heard to all concerned and pass appropriate order, as may be advised, in accordance with law. That must be done within two months from today and decision so taken, be communicated to all the parties and including the petitioner within the same time. 4.
That must be done within two months from today and decision so taken, be communicated to all the parties and including the petitioner within the same time. 4. The appropriate Authority shall treat this petition as representation made by the petitioner and proceed in the matter in terms of the observations made in this order. Needless to observe that if any party is aggrieved by the order of the appropriate Authority, will be free to resort to remedy of statutory appeal, as per law. 5. We make it clear that all questions are left open to be considered by the appropriate Authority. 6. The petition is disposed of accordingly, so also the pending applications, if any. Dasti copy.