L.K. Behl vs Lt. Governor Of Delhi And Ors.
1991 Latest Caselaw 499 Del

JUDGMENT

B.N. Kirpal, J.

(1) Rule D.B.

(2) The challenge in this writ petition is inter alia to the order dated 14th October, 1987, whereby the petitioner's revision petition under section 80 of the Delhi Cooperative Societies Act was dismissed. The Lt. Governor held that the said revision petition was not maintainable as it was directed against an administrative order,

(3) We find that vide order dated 1st April, 1987 of the Deputy Registrar, Cooperative Societies, the petitioner was informed that this membership of the respondent Society stood ceased. Thereafter a revision petition was filed and the impugned order was passed. In our opinion, the Lt. Governor was wrong in holding that the revision was not maintainable.

(4) In the present case, a complaint was filed, as per the impugned order dated 1st April, 1987, before the Registrar, Cooperative Societies against the petitioner. It was alleged that the `petitioner was holding dual membership in two societies. Vide order of 1st April, 1987, it was directed that the membership of the petitioner in the respondent Society stood ceased. This order was certainly one which was amenable to revision under Section 80 of the said Act. The office of the Registrar purported to act under the Act and the Rules. "The order which was passed on 1st April, 1987 could not be appealed ' against under the provisions of Section 76 of the Act. Section 80 provides that a revision is maintainable with regard to any proceedings in which no appeal lies. As no appeal lay against the order of 1st April, 1987, the revision which was filed under Section 80 was maintainable" The order of 14th October, 1987 of the Lt. Governor is accordingly set aside and he is directed to hear the revision of the petitioner de novo after giving notice to him.