A.Lala, J. - (1.) This writ petition is made by a Housing Co-operative Society challenging the order of the Registrar of the Co-operative Society, West Bengal dated 11th March, 2002 with other incidental prayers in connection thereto. The grievance of the writ petitioners is that the order impugned is not sustainable for the following three reasons: (a) The Registrar has no jurisdiction to pass an order superseding the order of the Deputy Registrar of the Co-operative Society as passed earlier on 16th January, 2002; (b) no opportunity of hearing is given which ought to be there before passing such order; (c) If the order is an administrative order the same cannot be given any retrospective effect;
(2.) Mr. Anupam Chatterjee, learned senior counsel, appearing for the petitioner contended that according to section 137(2)(b) Registrar can call and examine the records of an enquiry held or inspection made under this Act or the proceedings of any person subordinate to him not vested to the powers of Registrar or acting of his authority and if he has opinion that any order, decision or award or any proceeding so called for should be for any reason modified, annulled or reversed he may make such order thereon as he thinks fit provided that the Registrar shall before he makes any order under Clauses (a) and (b) given any person likely to be affected adversely by such order and opportunity being heard. Therefore, when no opportunity was given to the petitioner, the power, if any, used by such authority is in violation of principle of natural justice and for the same a writ jurisdiction of this Court can be invoked. In this way, he met with the point No. 2 as formulated above.
(3.) So far as the point No. 1 is concerned he contended before this Court that whenever a Registrar delegates his power to his subordinate, such person, in effect, discharging the duty of the Registrar which could not be revised or reopened by the Registrar himself. Under section 9 of the West Bengal Co-operative Society Act, 1983 the State Government appoints a person to be the Registrar of the Co-operative Society for West Bengal and other persons to assist him as it may deem fit. As per Rule 2(1)(b) Additional Registrar, Joint Registrar, Deputy Registrar, Assistant Registrar are the persons amongst others to be appointed by those designations by the State Government to assist the Registrar of Co-operative Societies.;