( 1 ) THE Government has not filed any affidavit in this case. But the respondent No. 2 has filed an affidavit and to it is annexed one document showing that the State. Government had already moved for the withdrawal of the criminal case which stood withdrawn with recording of acquittal of the accused on 2-8-1978.

( 2 ) MR. R. N. Shah the learned advocate appearing for the petitioner firstly urged that once the power under sec. 155 of the Gujarat Co-ope- rative Societies Act had been exercised by the Additional Commissioner of Cooperative Societies the State Government was denuded of any powers under the said section because the Additional Commissioner was acting as a delegate of the Government and powers once exercised by the delegate could not be re-exercised in principle. I asked Mr. Shah for the petitioner as to whether he had any authority or any order of the Government to show that the Additional Commissioner of Cooperative Societies was functioning as the delegate of the Government. Mr. C. K. Tackwani the learned Assistant Government Pleader appearing for the State orally declared that the Additional Commissioner who was also Joint Registrar of the Cooperative