BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition, under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the validity and legality of the order dated January 3, 1975 (annexure P5) whereby the Additional Registrar, Cooperative Societies, Punjab, Chandigarh, in exercise of the revisional powers under section 69 of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as the Act), reversed the appellate order of the Assistant Registrar, Cooperative Societies, Amritsar, dated November 12, 1973.

(2.) The dispute between the petitioner and the Uggar Aulakh Co-operative Agricultural Service Society, respondent No. 7, having been referred for arbitration, the Arbitrator gave an ex parte Award dated June 23, 1972 against the petitioner in the amount of Rs. 13,466.31. The petitioner went in appeal against the said Award before the Assistant Registrar who accepted the same vide order dated November 12, 1973 and set aside the Award. The appellate order of the Assistant Registrar was challenged by the Society in a revision petition filed under section 69 of the Act which was accepted vide the impugned order.

(3.) The validity of the impugned order has been challenged primarily on the ground that revision petition under section 69 of the Act could be heard and disposed of only by a Deputy Secretary exercising the powers of the State Government and the Additional Registrar has no jurisdiction to hear and dispose of the same. In support of his arguments, the learned counsel for the petitioner, relied on a Division Bench decision of this Court in Brij Lal v. The State of Punjab and others,1973 PunLJ 462, wherein Dhillon, J. after noticing various provisions of the Act held :-