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2025 Supreme(Online)(AP) 10078

HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
Boddapati Veeraiah and Others – Appellant
Versus
The State Of Andhra Pradesh and Others – Respondent
Writ Petition No: 28513 of 2024



Advocates:
For the Appellants/Petitioners: Sri Kishore Kumar Katari
For the Respondents: GP For Home, GP For Revenue

Court requires legal procedures to be followed for addressing claims regarding rights to access land, affirming Articles 14 and 21 regarding fairness.

Headnote:(A) Constitution of India - Articles 14 and 21 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Petitioners sought Writ of Mandamus against respondents for alleged inaction regarding their representation regarding right of way to agricultural land. Court noted civil dispute pending and ordered consideration of the representation per legal procedures. (Paras 4 and 5)

(B) Right of Way - The court observed that the petitioners have an established right of pathway subject to legal considerations regarding civil disputes. (Paras 2 and 4)

Facts of the case:
Petitioners claimed inaction from state authorities regarding their rights to access agricultural land, leading to legal conflict.

Findings of Court:
The respondents are directed to consider petitioners' representation in accordance with law.

Issues: The main issue was the recognition of petitioners' right of way amidst an ongoing civil dispute.

Ratio Decidendi: The court asserted that procedural fairness must be followed in addressing the rights claimed by the petitioners.

Result: Writ Petition disposed of with no order as to costs.

Learned counsel for the petitioners submits that the petitioner is aggrieved by the inaction of the respondents in considering the representation of the petitioners dated 16.09.2024.

2. Learned counsel for the petitioners further submits that I.A.No.349 of 2022 in O.S.No.147 of 2022 filed by the respondent No.10 against the petitioners was also dismissed and the learned Judge had observed that the petitioners did not have right to obstruct the defendant and that the petitioner has no prima facie case and balance of convenience. The right of road or pathway or easements rights would exist for the petitioner and the respondent therein.

3. Learned Assistant Government Pleader for Home, on written instructions, submits that the police have called the petitioner and the unofficial respondents and on enquiry it was found that there is a civil dispute pending between them and as such the parties were advised to redress their grievance before the competent Court.

4. Considering the submission of learned counsel for the petitioner that the right of path way is there for the petitioner and I.A. filed by the respondent No. 10 herein was dismissed, the respondent shall consider the fresh representation submitted by the petitioner duly intimating the 5th respondent about the civil dispute and the order passed by the Court. On such receipt of representation, the same shall be considered in accordance with law as per the procedure contemplated under Section

173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 , (for short, " BNSS ).

5. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs.

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