MIAN MOHINDER SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS order will dispose of RSA Nos. 1676 of 1981, 812 of 1982 and 62 of 1984 all titled Mian Mohinder Singh v. Punjab State and Anr., as common questions of law and facts are involved in all these appeals.

(2.) FOR facility, the facts are being taken from RSA No. 1676 of 1981. The plaintiff-appellant filed a suit for declaration to the effect that the order dated 21.9.1977 passed by Shri Ranjit Singh, Consolidation Officer, defendant No. 2 vide which land of plaintiff has been given to the Forest Department is illegal, ultra vires, void, without jurisdiction, non-est and against the principles of natural justice having been passed in clear and flagrant violation of the provisions of law. It was further claimed that the defendants are not entitled to implement the said order and dispossess the plaintiff.

(3.) THE suit was contested raising several objections. One of the pleas raised was that the civil court has no jurisdiction to entertain and try the present suit in view of the bar under Section 44 of the Act.