R.S. Mongia, J. - (1.) The point in this petition for consideration is as to whether the Additional Registrar, Cooperative Societies had the power and Jurisdiction to decide the revision petition filed by respondent No.4 -Shri Harjit Singh, which decision has gone against the petitioner.
(2.) De -hors of the trails, suffice it to mention that matter was referred to an Inspector, Co -operative Societies for arbitration under Sec. 55 of the Punjab Co -operative Societies Act, 1961 (hereinafter called "the Act"), regarding a particular dispute which was decided against the petitioner and liability of Rs.12,000/ - as principal amount, besides interest and cost, was fastened against the petitioner. He filed an appeal against the award given by the Arbitrator (in this case an Inspector of Co -operative Societies), The appeal was heard by the Assistant Registrar. Co -operative Societies. Vide order dated 12.11.1996 (Annexure P -2), the appeal was decided n favour of the petitioner and against respondent No.4. Respondent No.4 then filed revision petition which was heard by the Additional Registrar, Cooperative Societies and the decision went against the petitioner and in favour of respondent No.4. Copy of order is appended as Annexure P -3, dated 9.2.1999. Hence the present writ petition.
(3.) Learned counsel for the petitioner argued that the Assistant Registrar having decided the appeal of the petitioner while exercising the powers of Registrar, revision under Sec. 69 of the Act lay before the Government and not before the Registrar/Additional Registrar. The argument proceeded that the Assistant registrar while deciding the appeal was deciding the same as delegatee of the Registrar and therefore, Additional Registrar or even the Registrar could not decide the matter in revision petition as the powers of the Registrar had already been exercised by the Assistant Registrar while deciding the appeal. Reliance has been placed on a judgment of this Court in Brij Lal v/s. The State of Punjab and Ors., 1973 PLJ 462 : , (1973)75 P.L.R. 17 (S.N.).;