The State Government has the power to intervene suo motu at any stage of the consolidation proceedings under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, and the Minister has the jurisdiction to hear the parties and pass orders under Section 42 of the Consolidation Act.

Bishan Narain, J.

1. The petitioner Tara Singh is owner of certain area of land situated in village Jhander, Tehsil Tara Taran, District Amritsar. The State Government by notification declared its intention to make a scheme for consolidation of holdings in this village. There seems to have been some dispute regarding the retention or abolition of a pathway in this village in the course of the proceedings that took place thereafter under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. Tara Singh petitioner moved the Government to interfere in the matter under Section 42 of the Act. The Development Minister inspected the records and after hearing the parties in the presence of the Director (Consolidation) passed an order which was communicated to the petitioner by memorandum dated 3-12-1955. Tara Singh has filed this petition under Article 226 of the Constitution to get this order of the Development Minister, as communicated to him by the Director (Consolidation) on 3-12-1955, quashed. The petitioners grievance is that the Punjab Government had no original jurisdiction to hear objections of this kind against the scheme of consolidation and that the Government acted is excess of its jurisdiction in passing the order for dismantling the existing road. In this petition it is also alleged that the petitioner was not given opportunity to get the benefit of legal representation before the Minister.

2. This petition is contested by the Punjab State and the other respondents who had moved the Government under Section 42 of the Act, which reads :

"42. Power of Provincial Government to call for proceedings. The Provincial Government may at any time for the purpose of satisfying itself as to the legality or propriety of any order passed by any officer under this Act, call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference thereto as it thinks fit; Provided that no order shall be varied or reversed without giving the parties interested notice to appear and opportunity to be heard."

The bare reading of this section shows that it is open to Government at any stage of the consolidation proceedings to examine the record and pass any order it thinks fit and proper. The only limitation to the exercise of this power is given in the proviso to this section and it is to the effect that no order shall be passed against a party without giving him adequate opportunity to put his case before the Government. It is true that Section 21 of the Act lays down that an aggrieved party can file objections before the Consolidation Officer and can then appeal to the Settlement Officer and then finally can appeal to the State Government. But Section 42 gives independent power to the Punjab Government to intervene suo motu at any stage of the consolidation proceedings. Section 21 of the Act does not exclude the independent operation of Section 42 of the Act. The mere fact that in the present case the Pun jab Government was moved under Section 42 of the Act by the respondents does not not affect the position and the power exercised by the Government cannot be held to be invalid on that ground.

3 In the course of arguments a point was urged before me which had not been taken in the petition. It was urged that the State Government has not issued any notification under Section 41 of the Act delegating its powers under Section 42 of the Act to the Development Minister and, therefore, the Minister had no power to pass the impugned order. As this matter went to the root of the case I permitted it to be argued, but after hearing the learned Advocate-General I have come to the conclusion that there is no force in this point.

4. Under our Constitution this country is a Union of States and the executive power of Union vests in the President while the executive power of the State vests in the Governor. In the General Clauses Act, Section 3 (60), if is laid down th