Learned Counsel for the petitioners submits that after filing the writ petition, his clients have procured necessary information regarding the new allotments. He submits that as many as 40 persons are not eligible for assignment of house site pattas because they are either not residents of the village or already having houses of their own. This is however denied by the learned Assistant Government Pleader. He, however, submits that if the assignment is obtained by any person, who is ineligible for such assignment, it is always open to the first respondent/Joint Collector, to cancel the assignment. Therefore, this Court is of considered opinion that the second respondent herein, namely, the Revenue Divisional Officer (RDO), Ongole, should review all the 99 assignments of house site pattas, as per the list prepared in September 2006 by the Mandal Revenue Officer (MRO), Martur Mandal. The RDO then send a report to the Joint Collector, within a period of three months from the date of receipt of a copy of this order, after conducting enquiry and review pointing out any illegal assignment. In such an event, the Joint Collector may issue notice to those persons, who obtained pattas by misrepresentation or in fraudulent manner, and take appropriate action for cancelling the assignment. After doing so, the petitioners’ case for allotment of house sites may be considered, if they are eligible as per the assignment rules.
