PREM CHAND JAIN, J.

1. This petition has been filed under Art.226 of the Constitution of India for quashing the order of Additional Director, Consolidation of Holdings, Punjab, Jullundur, dated March 27, 1981. The consolidation proceedings in the village of the parties, Lakhan Kalan, telisil and district Kapurthala, started in the year 1956. The petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act ) on which the impugned order was passed, was filed on September 21, 1976, along with an application for condonation of delay. The Addl. Director Consolidation of Holdings, though noticed that the petition was barred by time, yet without condoning the delay, proceeded to decide the same on merits. At the time of motion hearing, one of the points raised on behalf of the petitioner was that the order of the Addl. Director, Consolidation of Holdings was illegal and void, inasmuch as without first condoning the delay, he decided the petition on merits. Finding force in the contention of the learned counsel, notice of motion was issued. In obedience to the notices issued, the respondents put