C R 155 of 2012 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. C R 155 of 2012 Date of decision:- 9.1.2012 Rajinder Singh Petitioner vs. Assistant Registrar, Co-operative Societies Punjab and others Respondent Present: Mr. RK Gupta, Adovcate. M.M.S.BEDI,J. Through the instant petition filed under Article 227 of the Constitution of India, the petitioner seeks a direction to respondent No.1 Assistant Registrar, Co-operative Societies, Punjab Dera Bassi, District Mohali to decide the case titled as Rajinder Singh & others vs. Rulia & Others, which had been remanded by the Joint Registrar, Cooperative Societies in Civil Revision 540 of 2007 vide order dated 11.2.2010 (annexure P-1). Learned counsel for the petitioner submits that though the matter was remanded on 10.2.2010 but it is not being decided without any reasonable cause. I have considered the contentions of counsel for the petitioner and the endeavour of the petitioner to seek the expeditious disposal of the matter pending before respondent No.1. No doubt this court has got a supervisory authority under Article 227 of the Constitution of India to issue a direction sought for but at the same time, it will be appropriate to refer to Section 3 of the Punjab Co-operative Societies Act, 1961 (for short ' the Act'), which reads as follows:- “3 Added by Punjab Act No.6 of 1974, Section 3: Registrar C R 155 of 2012 -2- and other Officers and their powers::- (1) The Government may only appointed a person to be the Registrar Co-operative Societies for the State. (2)To assist the Regsitrar in his functions under this Act the Government may appoint such number of additional Registrars, joint Registrars, Deputy Registrars, Assistant Registrars and other persons with such designations as it may think fit. (3) The Government may, by general or special order, confer on any person appointed under sub-section (2) all or any of the powers of the Registrar under this Act. (4) Every person appointed under sub-section (2) shall exercise his powers subject to the general superintendence and control of the Registrar. A perusal of the above said Section indicates that the Government may appoint a Registrar for the State exercising power u/s 3 (1). The government may also appoint Additional Registrars, Joint Registrars, Deputy Registrars, Assistant Registrars and other persons to assist the Registrar u/s 3(2) of the Act. Section 3(3) empowers the Government by general or special order, to confer on any person all the powers of the Registrar under the Act. The provisions of Section 3(4) indicates that every person appointed under sub-section (2) of Section 3 shall exercise his powers subject to the general superintendence and control of the Registrar. Since the power of superintendence and control is vested in the Registrar of the co-operative Societies, it will always be open to the petitioners to make a similar request to the said authority exercising the power of “superintendence and control” over the Additional Registrar. In case the joint Registrar, has exercised the powers of C R 155 of 2012 -3- Registrar, it will always be open to the petitioner to approach the Joint Registrar for a direction to the Assistant Registrar to expeditiously dispose of the proceedings in the above said case by fixing some actual date of hearing. The petition is disposed of with liberty to the petitioner to file an application u/s 3(4) of the Act before the competent authority, exercising powers of general superintendence and control. In case the said authority fails to exercise any power, it will be open to the petitioners to approach this court again for any supervisory order. January 9 ,2011 ( M.M.S.BEDI ) TSM JUDGE