- (1.) The petitioners have impugned the order of the Additional Director, Annexure P.3 whereby he set aside the order of the Consolidation Officer Annexure P.1 dated the 31st October, 1963 whereby the Consolidation Officer had allowed the objection of the petitioners and had provided a path to the petitioners Kartar Singh and Malak Singh sons of Mehar Singh through the land of Mula Singh predecessor-in-interest of respondents Nos. 3 to 8.
(2.) The order of the Additional Director has been impugned on the ground that the application under section 42 of the Consolidation of Holdings (Prevention of Fragmentation) Act, 1948 (hereinafter called 'the Act') had been submitted to him after the lapse of 12 years from the date of order of Consolidation Officer, whereas the said petition could have been moved only within six months from the date of the order of the Consolidation Officer.
(3.) The Additional Director by his impugned order had quashed the order of the Consolidation Officer Annexure P.1 on the ground that the said order had been passed behind the back of Mula Singh, without notice to him and without affording him any opportunity. Such an order, in my opinion is a total nullity and is void ab initio. The question of limitation is not relevant to such a case and the Additional Director was competent to quash the said order, so long as the other party before the said petition was made had not perfected its title by adverse possession under the given illegal order. Such is not the case here. The petitioners had no doubt got into possession but for what period of time they have been in possession had not been mentioned in the petition nor adverted to in the judgment of the first Appellate Court, Annexure P.2 to the petition.;