CWP No. 18160 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CWP No. 18160 of 2010 Date of decision: 14.10.2011 Balwan Singh Kundu ........ Petitioner Versus State of Haryana and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Ram Kumar Malik, Sr. Advocate with Ms Renu, Advocate for the petitioner Mr. Anjum Ahmed, Advocate for respondents No. 1 and 2 Mr. Kulvir Narval, Advocate for respondent No. 3 -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) The petitioner herein filed a statutory appeal before the Registrar Co-operative Societies, Haryana against the order of dismissal dated 17.01.2008. The Registrar recorded a finding that enquiry was not fair and proper and vide his order dated 18.11.2009, set aside the order of dismissal and the matter was remanded back to hold enquiry afresh in accordance with law. The respondent - Sugar Mill filed revision petition under Section 115 of the Co-operative Societies Act against the order of the CWP No. 18160 of 2010 2 Registrar. The petitioner filed a detailed reply and one of the objections raised was that the revision petition is not maintainable. It was inter-alia contended that the order passed by respondent No. 1 was without jurisdiction as no revision was maintainable before him. However, the Government i.e. respondent No. 1 set aside the order of the Registrar, vide order dated 30.06.2010 without deciding the objection qua maintainability of the revision petition as well as other objections. Learned counsel for the petitioner has invited the attention of this Court towards the order passed by respondent No 1. A perusal of the same shows that Respondent No. 1 - Financial Commissioner-cum-Principal Secretary, Co-operative Department, Haryana, while deciding the revision petition did not decide the objection with respect to the question of its maintainability. In view of the above, the order dated 30.06.2010 (P-23) passed by respondent No. 1 is set aside and the matter is remanded back to respondent No. 1 to pass a fresh order after hearing learned counsel for the parties on the question with respect to the maintainability of the revision petition as also any other objection which may raise by the petitioner by passing a speaking order. Parties shall now appear before respondent No. 1 on 02.11.2011 at 10.00 am. Disposed of accordingly. (Nirmaljit Kaur) Judge 14.10.2011 mohan