JUDGMENT : J.C. Shah, J. Under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act (50 of 1948) a scheme for consolidation of holdings in respect of lands in the village Saharwa in district Hissar was published on April 14, 1954. That scheme was revoked and another scheme was published on March 5, 1956. In view of the objections raised by the landholders this scheme was also withdrawn and a fresh scheme was published on January 26, 1961. The landholders again raised objections and they made representations to the Minister-in-charge of the consolidation department. It appears that the Minister concerned was willing to consider the matter sympathetically and made a notation on the 24th March, 1965, indicating an intention to revoke the scheme. But this notation was never published though intimation thereof was given by the Deputy Secretary to the Government of Punjab, Consolidation Department, to the Director, Consolidation of Holdings, Punjab by a memorandum dated the 24th March, 1965. On the 17th May, 1965, the Minister, having reconsidered the matter, decided not to give effect to his order. 2. The petitioners then moved the High Court of Punjab for a writ of certiorari quashing the "Order" of the Minister dated the 17th May, 1965. The High Court rejected the petition in limine holding that it was premature. With special leave the petitioners have moved this Court against the order of the High Court of Punjab. It is urged that the Minister who passed the order dated the 24th March, 1965, revoking the scheme was thereafter functus officio and was incompetent to pass another order on the 17th May, 1965 recalling that order. 3. It is unnecessary to consider whether by Section 42 of the East Punjab Consolidation of Holdings Act the Minister was incompetent to make an order recalling a previous order made by him. In our view, the record made by the Minister on the 24th March, 1965, about his intention to revoke the scheme was never given formal shape and was never given effect to. Therefore there was no order which acquired finality. Section 42 can have no application to a case in which the Minister merely recalls his previous intention to revoke the scheme. 4. The appeal fails and is dismissed with costs. Appeal dismissed.