HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.29591 of 2010 Date : 26-11-2010 Between: Smt.Kamala Kishore Agarwal .. Petitioner And State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioner : Sri Shyam S.Agarwal Counsel for respondents : Assistant Government Pleader for Revenue The Court made the following : ORDER: Challenge to the impugned order is mainly mounted on the ground that respondent No.3 has not considered the petitioner’s explanation dated 31-8-2010 while passing the impugned order. The learned Assistant Government Pleader for Revenue who produced record at the hearing did not dispute the fact that there is no reference to the petitioner’s explanation in the impugned order. Since the legislative intent in providing for a notice under Section 7 of the A.P.Land Encroachment Act, 1905 (for short, “the Act”) is to give an opportunity to raise objections by the person in possession of the land, such intention will be rendered nugatory if the competent authority fails to deal with the objections in the order that may be passed by it under Section 6 of the Act. As respondent No.3 failed to refer to and deal with the explanation filed by the petitioner, the impugned order cannot be sustained in law and the same is accordingly quashed. Respondent No.3 is directed to pass a speaking order afresh after considering the explanation of the petitioner. Till passing of such an order and communication of the same to the petitioner, no coercive steps for the petitioner’s eviction shall be taken. Subject to the above directions, the Writ Petition is allowed. ____________________ C.V.Nagarjuna Reddy.,J Date : 26-11-2010 AM