HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO.4226 of 2008 ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondents in taking steps to dispossess the petitioner from the land in an extent of Ac.3.63 cents in Sy.No.884A of Pilliutla village, Machavaram Mandal, Guntur District, without following due process of law, as arbitrary, illegal and unconstitutional. According to the petitioner, he was granted DKT patta against the land in an extent of Ac.3.63 cents in Sy.No.884A of of Pilliutla village, Machavaram Mandal, Guntur District. Further, according to the petitioner, he is in possession and enjoyment of the same since 28/03/1987. Now the respondents are trying to dispossess him and allot the land in favour of Kasturibha Gandhi Balika Vidyalayam. According to the petitioner, no notice of any kind was issued nor the land has been acquired as required under the law nor any compensation/ex-gratia is paid. Whereas in the counter filed by the respondents, it is stated that the petitioner was never in possession of the property and his name was not entered into the revenue records nor pattadar passbooks were issued. This statement made by the respondents appeared to be totally false. The petitioner has filed documents against the land in question to show that the pattadar passbooks and title deeds were issued in his favour. Therefore, the contention of the respondents that the petitioner was never in possession of the property is without any basis. It is unfortunate that such a statement has been made in the counter-affidavit filed by them. It appears that the respondents are intending to allot this land in favour of Kasturibha Gandhi Balika Vidyalayam, without following due process of law. In view of the above, it is clear that firstly the petitioner is in possession of the property, and secondly, no notice of any kind was issued by the respondents while trying to dispossess him and allot the land to a third party. Therefore, the Writ Petition is allowed as prayed for. However, it is made clear that this will not preclude the respondents from following due process of law and acquiring the land of the petitioner, if necessary, after paying compensation as per law. No order as to costs. ______________ C.V.RAMULU, J 10th December, 2009 SKM