ORDER :

RAJESH BINDAL, CJ.

1. On a reference made by learned Single Judge for consideration of the issue, as extracted below, the matter has been placed before the Division Bench:

"If an order has been challenged before the consolidation authority is barred by the period of limitation as provided under the statute (in the present case before the appellate authority/Settlement Officer Consolidation -1, Hardoi) along with an application for condonation of delay then in that circumstances whether the application for condonation of delay under Section 5 of the Limitation Act should be decided first or the same can been decided along with merit of the case?"

2. The issue was referred to Larger Bench for the reason that there are two divergent views given by Single Benches of this Court in Consolidation No. 604 of 2014 (Dev Narain Singh Vs. Dy. Director of Consolidation, Sultanpur & others) decided on September 5, 2014 and Girja Shanker and others Vs. Deputy Director of Consolidation and others 1996 RD 465.

3. In Dev Narain Singh's case (supra) the view expressed by learned Single Judge of this Court was that it is not mandatory for the appellate authority to decide the application for condo