Kuber Nath Srivastava, J. - (1.) This is an appeal against the judgment and decree passed by the Temp. Civil and Sessions Judge, Basti, dismissing the appeal filed by the plaintiffs -appellants. The facts giving rise to this appeal are as follows: By Notification No. 1801 (4)/XIV -76 -74, dated 1st May, 1954, certain area of village Belhar, Pargana Bansi East, District Basti was declared as a reserved forest as provided u/S. 4(1)(c) of the Indian Forest Act. According to the plaintiffs, the disputed land was their Bhumidhari and they were the Khudkasht holders of the same prior to the Vesting. The plaintiffs contended that this land could not be declared as a reserved forest and, therefore, after the notification, the plaintiffs filed an objection before the Forest Settlement Officer. The objection was allowed and the land in dispute was excluded from the operation of the aforesaid notification. Being dissatisfied, the Forest Department filed an appeal as provided u/S. 17 of the Indian Forest Act. This appeal was allowed and the judgment and order passed by the Forest Settlement Officer were set aside. The appellants filed a revision before the State Government. The revision was rejected. The appellants then filed this suit for a declaration that the disputed land being their Bhumidhari and Abadi was not liable to be declared as a reserved forest.
(2.) The suit was contested by the defendant respondent and inter alia it was pleaded that the suit was barred by S. 18(4) of the Indian Forest Act. Both the trial court and the lower appellate court held that the civil court had no jurisdiction to try the suit and the plaintiffs were not entitled to the relief claimed. Being dissatisfied, the plaintiffs have filed this appeal.
(3.) The main argument of the learned counsel for the appellants was that although S. 18(4) of the Indian Forest Act lays down that the order passed by the State Government in revision was final yet the plaintiffs could file this suit for the relief because the Government acted beyond the scope of the Indian Forest Act and had no jurisdiction or authority to declare this cultivatory land as a reserved forest.;