The main legal point established in the judgment is that a nominee does not acquire permanent right over the property of the deceased member under Section 23 of the Haryana Cooperative Societies Act, 1984.

RANJIT SINGH, J.

1. Through the present writ petition, the petitioner seeks direction for quashing order dated 14.5.1990 (Annexure P-2) and order dated 23.4.1991 (Annexure P-3), whereby the claim of the petitioner for becoming member of respondent No.8-Cooperative Society being the nominee of late Chandgi Ram, stands declined and the appeal against the same has also been dismissed.

2. Late Chandgi Ram was member of the Karela Scheduled Caste Land Owning Cooperative Society Ltd., Karela, District Jind. Stating that he is a resident of Village Karela, Tehsil and District Jind, the petitioner has filed this writ petition describing himself to be an adopted son of Chandgi Ram. The dispute arose between the petitioner and respondent Nos.4 to 7, who concededly are the daughters of late Chandgi Ram regarding the entitlement to transfer of the share and other interests of the deceased Chandgi Ram in the Cooperative Society(respondent No.8). When the parties could not resolve the dispute, the matter was referred for arbitration to the Assistant Registrar, Cooperative Societies, Jind (respondent No.1). Initially, the Assistant Registrar Cooperative Societies decided the arbitration reference on 30.9.1988, in favour of the daughters. The petitioner pleads that this decision was taken at his back. The petitioner challenged this order on the ground that he did not get any opportunity of hearing and filed an appeal before the Deputy Registrar Cooperative Societies, who vide his order dated 31.3.1989 set aside the order dated 30.9.1988 and remanded the case to the Assistant Registrar Cooperative Societies for deciding the case afresh.

3. Thereafter, the Assistant Registrar afforded adequate opportunity of hearing to the parties and and also afforded opportunity to adduce evidence. The Assistant Registrar then held that the petitioner was the real legal representative of late Chandgi Ram and was entitled to the transfer of all rights and interests of late Chandgi Ram in Cooperative Society.

4. Respondent Nos.4 to 7 had then preferred an appeal against this order under Section 114 of the Haryana Cooperative Societies Act, 1984 (for short 'the Act'). The said appeal was accepted by the Deputy Registrar Cooperative Societies, Rohtak, on 14.5.1990 and the order passed by the Assistant Registrar was set aside. The petitioner then filed a revision against the same before the Joint Secretary to Government, Haryana, who had upheld the order passed by the Deputy Registrar vide his order dated 23.4.1991. The petitioner, accordingly, has impugned orders Annexures P-2 and P-3 passed by the Deputy Registrar as well as the Join Secretary to Government, Haryana.

5. The writ petition was admitted and the prayer for stay was declined specifically by observing that respondent Nos.4 to 7 are daughters of late Chandgi Ram and were in possession of the properties in dispute since 1974 and that the petitioner had put up his claim only in the year 1988 being adopted son. The order dated 13.5.1992 is as under:-

“Admitted.

Stay is specifically declined after hearing learned counsel for the parties taking into consideration the fact that respondent Nos.4 to 7 are daughters of Chandgi Ram deceased and are in possession of the properties in dispute since 1974 and the petitioner has only put forth his claim in the year 1988 being an adopted son.”

6. Respondent Nos. 4 to 7 have filed written statement contesting the claim of the petitioner. It is pointed out that in the year 1956, respondent No.8-Cooperative society consisting of about 20 members was registered with 80 acres of nazoor land situated at Village Karela, which was allotted to the said society. This land was further allotted to the members of the society for the purpose of cultivation. The land is still in cultivating possession of the allottees or their legal heirs in the event of death of any original allottee. Late Chandgi Ram was also allotted 4 acres of the land. He died in the year 1974. Responden