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1969 Supreme(P&H) 154

GURDEV SINGH
Ferozshah Co-operative Agriculture Service Society – Appellant
Versus
Secy. To Govt. , Punjab, Co-operative Dept. – Respondent


Judgment

Gurdev Singh, J.

1. The Ferozshah Co-operative Agricultural Service Society (the petitioner) was directed to the wound up by the order of the Assistant Registrar Co-operative Societies, Ferozepore, and its liquidator, was appointed. Against this order the Society, lodged an appeal with the Secretary, Department of Co-operation, Punjab, but the same was returned by an order of the Under Secretary, Co-operation Department for presenting to the Registrar, Co-operative Societies, observing that the competent authority to deal with it was the Registrar. Aggrieved by this order dated the 21st October, 1969, the Society has approached this court under Article 227 of the Constitution. The short point for consideration relates to the forum of the appeal.

2. An appeal against an order of winding up of a Co-operative Society is provided under Section 68 of the Punjab Co-operative Societies Act. Sub-section (2) thereof as originally enacted, provided that if the decision was made by the Registrar, the appeal would lie to the Government and if it was made by any other person, the appeal shall be made to the Registrar. Section 68 has, however, been amended by Punjab Ordinance No. 10 of 1










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