K. L. Pandey, J.

This petition under Article 226 of the Constitution is mainly directed against an order dated October 18, 1966 whereby, purporting to revise an earlier order of the Registrar of Co-operative Societies, Madhya Bharat, passed on September 4, 1953, under section 72 of the United State of Gwalior, Indore arid Malva (Madhya Bharat) Co-operative Societies Adaptation Act, 1949 (hereinafter called the Act), the State Government set aside that order and affirmed the confirmation of an auction sale made in favour of Chhatram : (respondent No. 6) on October 30, 1950. By the Registrar's order which was set aside by the State Government, that auction sale had been set aside.

The material facts that gave rise to this petition may be shortly stated. The petitioner had borrowed money from the District Co-operative Bank Ltd., Shivpuri (respondent No. 1), in the years 1943 and 1944. For the amount that remained unpaid, the respondent No. 1 secured on April 5, 1945 an award for Rs.8,360-9-3. For recovery of that amount, two houses belonging to the petitioner, which had been attached earlier, were sold by auction. It is common ground that, to this attachment and sale, the provisions of the Code of Civil Procedure applied as provided by rule 46 (4) (a) of the Rules framed under the adopted Act and then in force. That provision is as follows:

46. (4) (a) Save as otherwise provided, the Government Inspector, Co-operative Societies, shall follow the provisions of the Civil Procedure Code for the time being in force, for the purpose of attachment, sale and delivery of movable or immovable property. One of the houses sold was purchased by one Chhapulal, but there is now no dispute about it and it is unnecessary to refer to it. The other house was auctioned on October 30, 1950 and the bid of Chhatram (respondent No. 6) for Rs.6,425 was accepted. However, he deposited the one-fourth amount not immediately but on November 1, 1950. Thereafter, about a year later, the sale was confirmed on October 20, 1951 and then the respondent No. 6 paid the remaining purchase price. Being aggrieved, the petitioner filed on November 1, 1950 an application complaining of several irregularities. Not having obtained any redress, he appealed to the Deputy Registrar who perhaps under a misapprehension allowed to the petitioner time to deposit the auction price and interest thereon at 5% per annum by a certain date. Thereafter, the petitioner moved the Registrar of Co-operative Societies under section 72 of the Act. That section reads :

72. The Minister-in-charge and the Registrar may call for and examine the record of any inquiry or the proceedings of any officer subordinate to them for the purpose of satisfying themselves as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer. If, in any case, it shall appear to the Minister-in-charge or the Registrar that any decision or order or proceedings so called for should be modified, annulled or reversed, the Minister-in-charge or the Registrar, as the case may be, may pass such order thereon as to any of them, may deem fit.

The Registrar, by his order dated September 4, 1953, set aside the sale for the various reasons therein stated. The auction-purchaser Chhatram (respondent No. 6) then moved the State Government for revising under section 72 ibid the order of the Registrar and, thereupon, the State Government passed the impugned order dated October 18, 1966 by which the Registrar's order was set aside and the order of confirmation of sale was restored.

The first question we have to consider is which authority, if any, could deal with the application for revision that was filed on December 16, 1953. On that date, the Co-operative Societies Adaptation Act (45 of 1949) of Madhya Bharat was in force. By that Act, the Co-operative Societies Act, Gwalior State, Samvat 1997 had been, with certain modifications not material here, applied to the State of