LAWS(HPH)-2013-7-22

RAJINDER SINGH Vs. STATE OF HP

Decided On July 03, 2013
RAJINDER SINGH Appellant
V/S
STATE OF HP Respondents

JUDGEMENT

(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:

(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.