JUDGMENT Mr. Surya Kant, J. (Oral):- The petitioner has laid challenge to the order dated 12.02.1999(P2) passed by Director, Consolidation, Haryana, in purported exercise ofpowers under Section 42 of the East Punjab Holdings (Consolidation andPrevention of Fragmentation) Act, 1948. The order has been passed pursuant toan application filed by respondent No.2 wherein it was claimed that no passagewas provided to his land comprising Killa No.49/7, 8, 9/1, 12/1, 13, 14 & 15within the revenue estate of village Janaula, Tehsil and District Gurgaon. It maybe mentioned here that the consolidation proceedings in the village started inthe year 1952-53 and the passage, if any, was required to be provided duringthose proceedings only. The second respondent did not raise any objection atthe time of consolidation with regard to the non-availability of passage to hisagricultural land. However, after more than 4 decades, the second respondentchose to file application on 04.02.1998 before the Director, Consolidationwhich has been accepted and the impugned order has been passed primarily onthe ground that there was a mistake committed by the authorities at the time ofconsolidation, as a passage ought to have been provided to the land of secondrespondent. Consequently, a direction has been issued that the secondrespondent be provided 2 karam wide passage along western line of khasraNo.49/12/2, 19, 22/1 and the deficiency caused in the land due to passage bemade good. It may be mentioned that khasra No.49/12/2, 19, 22/1 belong to thepetitioner (since dead and represented through LRs). 2. The grievance of the petitioner appears to be two-fold: firstly it isaverred that there is already a passage shown in site plan (A2) through whichrespondent No.2 has an access to his land. Secondly, no application underSection 42 of the Act was maintainable at a highly belated stage even if theStatute does not prescribe any limitation period for moving such application.Reliance is placed on a decision of the Hon’ble Supreme Court in GramPanchayat, Kakran vs. Addl. Director of Consolidation and another, (1997) 8 SCC 484 . 3. On the other hand, counsel for the second respondent submits thatpursuant to the impugned order dated 12.02.1999, the matter was remanded tothe Assistant Director, Consolidation where a consent order was allegedlypassed which is not under challenge in the present proceedings. 4. It cannot be overlooked that the aggrieved petitioner hadapproached this Court through instant writ petition in the year 1999 andoperation of the impugned order was stayed vide order dated 16.07.1999. 4. It cannot be overlooked that the aggrieved petitioner hadapproached this Court through instant writ petition in the year 1999 andoperation of the impugned order was stayed vide order dated 16.07.1999. Thesaid interim stay is still operating. 5. Having heard learned counsel for the parties, it appears to us thatthe matter requires re-consideration by the Director, Consolidation. We say sofor the reason that even in the absence of any time limit for filing of petitionunder Section 42 of the Act, the aggrieved party is expected to act diligentlyand move the appropriate Authority within a “reasonable period”. Onus was onthe second respondent to explain as to why he could not approach theConsolidation authorities for more than 40 years for the relief sought by himthrough an application dated 04.02.1998. It may be equally true that in a givencase, the party may render a plausible explanation which can then be acceptedby the authorities by condoning the delay. Such a recourse is conspicuouslyabsent in the instant petition. We thus allow this writ petition; set aside theorder dated 12.02.1999 and remit the case to the Commissioner, GurgaonDivision exercising the powers of Director, Consolidation under Section 42 of the Act to decide the matter afresh and in accordance with law. Theconsequential order passed by the Assistant Director also stands set aside as thematter is required to be decided afresh. 6. Parties are directed to appear before the Director, Consolidation, Haryana on 09.01.2018. 7. Ordered accordingly.