LAWS(JHAR)-2016-9-23

MURLIDHAR TIWARY, SON OF PANDIT RAM BILAS TIWARY, RESIDENT OF VILLAGE KUSHAHA, P.S. MAJHIAON, DIST. PALAMAU Vs. RAMESH UPADHYA

Decided On September 29, 2016
Murlidhar Tiwary, son of Pandit Ram Bilas Tiwary, resident of village Kushaha, P.S. Majhiaon, Dist. Palamau Appellant
V/S
Ramesh Upadhya Respondents

JUDGEMENT

(1.) The present appeals have been preferred against the common judgment and order dated 5th May, 1989, passed in Land Acquisition Case Nos. 27, 28 and 29 of 1979.

(2.) In course of the argument, learned counsel has submitted that the court below has neither discussed the evidence adduced by the parties not recorded any finding while up-holding the award prepared by the Land Acquisition Officer.

(3.) It is argued that it would be evident from the record that the award was prepared jointly in the name of the parties. That the appellants had filed their objections under Sec. 30 C.P.C., where after the matter was referred for adjudication before the Subordinate Judge for adjudication of the entitlement and the rightful claimant of the award. That the document and oral evidence were adduced but the learned Sub-Ordinate Judge, did not formulate issues or points for determination and judgment has been passed by a cryptic and non-speaking order which is not sustainable in the eye of law.