THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7647 OF 2006 DATED:18-04-2006 Between: Bikkam Saraswathi and others ..Petitioners And The Joint Collector, Prakasam District at Ongole. and others ..Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7647 OF 2006 ORDER: The petitioners are the residents of Lingasamudram Village and Mandal, Prakasam District. Along with others, they were assigned house sites admeasuring Ac.0.02 cents each in survey No.94/12 of the said village bearing plot Nos.1 to 3. The petitioners allege that one Penna Guravaiah unsuccessfully objected the grant of house sites to them. Therefore, he filed a suit, being O.S.No.178 of 2003, on the file of the Court of the Principal Junior Civil Judge, Kandukur, for permanent injunction. He also filed I.A.No.934 of 2003 for ad interim injunction and the same was dismissed by the learned Principal Junior Civil Judge on 17.01.2004. In the meanwhile, the first respondent passed orders directing the second respondent to cancel the allotment of house sites to the petitioners on the ground that the grant was made on misrepresentation and that the land in survey No.94/12 forms part of a path way, which is ingress and egress to various ryots in the locality. The Writ Petition is filed, inter alia, on the ground that the impugned order is bad and illegal as the same was issued behind the back of the petitioners without any notice to them. When the matter was called in the morning, this Court directed the learned Assistant Government Pleader for Revenue (Assignment) to get instructions in the matter. When the matter is called in the afternoon, the learned Assistant Government Pleader submits that the impugned order is not preceded by any notice. For this reason alone, the impugned order is liable to be set aside. Further, as rightly submitted by the learned Assistant Government Pleader, under the Andhra Pradesh Board Standing Order 15 para 18(i) when an assignment was made by fraud or misrepresentation, it is only the Joint Collector, who is competent to cancel such assignment either on application or suo motu. The Joint Collector cannot remit the matter to the Revenue Divisional Officer. For the above brief reasons, the Writ Petition is disposed of. The impugned order bearing No.Rc.E3-468-2006, dated 23.02.2006, passed by the first respondent is set aside with liberty to issue notice to the petitioners and pass appropriate orders. Till then, there shall be Status quo as on today. No costs. _____________ (V.V.S.RAO, J) 18.04.2006 GJ