VINOD K.SHARMA, J. - (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. On remand by the Additional Director vide order dated 2.5.1972 the Consolidation Officer, Jalandhar proceeded to decide the matter under section 21(2) on the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act (for short the Act) it was observed that the repartition of the land in village was made and proceedings under Section 21(1) of the Act were completed on 18.3.1970. Prior to the consolidation, Mian Mohinder Singh for himself and on behalf of Smt. Bishan Devi at his responsibility had entered into compromise with the Forest Department that their land be exchanged. The Consolidation Officer set aside the said exchange by observing that in the process of exchange the Forest Department suffered decrease of 512 kanals of land and in view of this matter the exchange was said to be bad and consequently the order was passed taking away the land which was under the ownership of 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.;