KALAPPA & KRISHNAPPA Vs. SMT. NAGAMMA

JUDGEMENT

(1.) The appellants have filed the present appeal impugning an order dtd. 17/11/2004 passed by the learned Single Judge of this Court in W.P.No.7988/2002 (SC/ST).

(2.) The said writ petition was preferred by the legal representatives of one Doddathammaiah who belongs to Bovi community, inter alia, impugning an order dtd. 15/10/2001 [the Appellate Order] passed by respondent No.8 [Deputy Commissioner] in Case No.(LND.SC/ST(A)8/2000-01). The Deputy Commissioner, in terms of the Appellate Order, allowed the appeal preferred by the appellants-predecessors in interest.

(3.) The dispute in this appeal primarily concerns land measuring 5 acres and 11 guntas situated in Survey No.27 of Doddasagarahalli village, Devanahalli Taluk, [the subject land]. The petitioners in the case assert that the subject land was granted to Sri Thimmaiah [the original grantee], a resident of Singavara Village, Devanahalli Taluk, Bengaluru District, through a grant dtd. 26/4/1938. The original grantee subsequently alienated the land, which, according to the petitioners, violated the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [PTCL Act], rendering the transaction invalid. Claiming through the original grantee, the writ petitioners sought the resumption of the subject land before respondent No.7 [Assistant Commissioner]. The Assistant Commissioner found no records to substantiate the writ petitioners' case and, therefore, by an order dtd. 28/9/1998, dismissed the petition. However, his successor subsequently issued an order dtd. 26/9/2000 [the original order], granting the claim of respondent Nos. 1 to 6 and directing the resumption of the subject land in their favour.