SRI NANJAPPA Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) IN this writ petition, petitioners are challenging the order dated 28.01.1989 passed by the Deputy Commissioner, Bangalore, dismissing SC & ST Appeal No.6/1986 -87 filed under Section 5A of the Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the Act') and confirming the order dated 13.08.1985 passed by the Assistant Commissioner in Case No. K SC & ST 18/1984 -85.

(2.) PETITIONERS claim to be children of Obalaiah @ Obiramaiah and Ramakka. According to them, their paternal aunt one Chinnamma, wife of Muttaiah was cultivating the land bearing Sy.No.67/10 (New No.148) situated in Kommaghatta Village, Kengeri Hobli, Bangalore South Taluk, Bangalore District to an extent of 4 acres and the same was granted to her under Grow More Food Scheme vide order dated 06.01.1956.

(3.) IT is urged by the petitioners that husband of the grantee Muttaiah and Obiramaiah were full brothers. They belonged to Scheduled Tribe i.e., Naik (Nayaka) Community. Chinnamma and Muttaiah died issueless. Thereafter, parents of the petitioners also expired. Thus, petitioners, being the children of the brother of Muttaiah claim to have succeeded to the estate of their parents and to the properties left behind by Chinnamma and Muttaiah.