JUDGMENT :

Sanjay K. Agrawal, J.

1. This public interest litigation has been preferred by the petitioner herein calling in question the order dated 13/08/2021 (Annexure P-1) by which the application filed by respondent No. 4 under Section 14 of Chhattisgarh Public Trusts Act, 1951 (hereinafter 'Act of 1951) has been allowed by the Registrar, Public Trust and permission has been granted to respondent No. 4 Trust for sale of 8 shops belonging to the said Trust on the ground that the said permission granted by the Registrar, Public Trust is not in accordance with law and is liable to be set aside.

2. Return has been filed separately by respondents No. 1 to 3/State and by respondent No. 4 supporting the order impugned passed by the Registrar, Public Trust stating inter alia that the Registrar has passed the order impugned allowing for sale of 8 shops in the interest of the Public Trust in order to generate revenue so that the object of the Public Trust can be achieved, that too, after conducting an enquiry and after inviting objections from the general public. Therefore, the objection raised by the petitioner at this later stage by way of a public interest litigation is simply an afterthought and thus, this writ petition is liable to be dismissed and it does not involve any public interest.

3. Mr. Shashank Thakur, learned counsel for the petitioner, would submit that the impugned order is bad in law as the Registrar, Public Trust has permitted for sale of property belonging to the Public Trust, which is not in public interest, therefore, the order impugned (Annexure P-1) is liable to be set aside.

4. Per contra, Mr. Raghvendra Pradhan, learned Additional Advocate General for respondents No. 1 to 3/State and Mr. Manoj Paranjpe, learned counsel for respondent No. 4, would support the impugned order and submit that after conducting a detailed enquiry and after following the due process of law, the Registrar, Public Trust has passed the impugned order allowing for sale of 8 shops belonging to the respondent No. 4 Trust, therefore, the instant writ petition is liable to be dismissed.

5. We have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.

6. Section 14 of the Chhattisgarh Public Trusts Act, 1951, provides as under :-

“14. Previous Sanction of Registrar, in cases of sale, etc., of property belonging to a public trust. - (1) Subject to the directions in the instrument of trust or any direction given under this or any other law by any Court, -

(a) no sale, mortgage, exchange of gift of any immovable property; and

(b) no lease for a period exceeding seven years in the case of agricultural land or for a period exceeding three years in the case of nonagricultural land or building; belonging to a public trust, shall be valid without the previous sanction of the Registrar.

(2) The Registrar shall not refuse his sanction in respect of any transaction specified in sub-section (1) unless such transaction will, in his opinion, be prejudicial to the interests of the public trust.”

7. By virtue of sub-section (2) of Section 14 of the Act of 1951, the Registrar cannot refuse permission for sale of any immovable property belonging to public trust unless in his opinion, such a transaction would be prejudicial in the interests of the trust. In exercise of the powers conferred under Section 35 of the Act of 1951, the State Government framed the rules named as Chhattisgarh Public Trust Rules, 1962 (hereinafter “Rules of 1962”) and Rule 9 provides for applications under Section 14 for sanction of alienations, which states as under :-

“9. Applications under Section 14 for sanction of alienations. –

(1) Every application for sanction of an alienation shall contain information inter alia on the following points, -

(I) Whether the instrument of trust contains any directions as to alienation of immovable property;

(ii) What is the necessity for the proposed alienation;

(iii)