IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 4047 of 2005 Between: 1.M.Bhagwath Reddy S/o.Achi Reddy, R/o.Pocharam Village, Ghatkesar Mandal, Ranga Reddy District. 2.M.Anantha Reddy S/o.Achi Reddy, R/o.Pocharam Village, Ghatkesar Mandal, Ranga Reddy District. 3. M.Venkatamma W/o.Mohan Reddy, R/o.Pocharam Village, Ghatkesar Mandal, Ranga Reddy District. 4. M.Vidya Sagar Reddy W/o.Mohan Reddy, R/o.Pocharam Village, Ghatkesar Mandal, Ranga Reddy District. 5.M.Vidya Sagar Reddy W/o.Mohan Reddy, R/o.Pocharam Village, Ghatkesar Mandal, Ranga Reddy District. 6. M.Ravinder Reddy W/o.Mohan Reddy, R/o.Pocharam Village, Ghatkesar Mandal, Ranga Reddy District. ... PETITIONER(S) AND 1 The Vice Chairman and Housing Commissioner, A.P.Housing Board, Opp: Gandhibhavan, Nampally, Hyderabad. 2 The District Collector, Ranga Reddy District at Lakidikapool, Hyderabad. 3 The Land Acquisition Officer Cum Revenue Divisional Officer, R.R.District East Division, at Goshamahal, Hyderabad. 4 The Executive Officer, Gram Panchayat, Pocharam Village, Ghatkesar Mandal, R.R.District. ..RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ of Mandamus declaring the action of respondents in constructing a compound wall on both sides of approach Road i.e., acquired land of 120 feet approach road starting from Hyderabad Warangal High way of Singapore Township passing through part of Sy.Nos.98 of Annojiduda and part of Sy.Nos.12, 13 and 14 of Pocharam Village, Ghatkesar Mandal, R.R.District and illegal arbitrary and violative of Article 14 of Constitution of India and consequently direct the respondents not to fence or construct a compound wall on either sides of acquired land of 120 feet width approach road starting from Hyderabad Warangal High way to Singapore Township passing through part of Sy.Nos.98 of Annogiduda and part of Sy.Nos.12,13 and 14 of Pocharam Village, Ghatkesar Mandal, R.R.District and pass such other order or orders. Counsel for the Petitioner: MR.A.K.NARASIMHA RAO Counsel for the Respondents: MR.J.PRABHAKAR The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4047 OF 2005 ORDER: Petitioners herein are residents of Pocharam village of Ghatkesar Mandal in Ranga Reddy District. They filed instant writ petition seeking to restrain Andhra Pradesh Housing Board (APHB) and its oﬃcials from constructing a compound wall on both sides of 120 feet approach road starting from Hyderabad-Warangal Highway to Singapore Township developed by APHB in the land comprised in survey No.98 of Annojiguda and survey Nos.12, 13 and 14 of Pocharam village. In a nutshell, petitioners allege that they are owners of agricultural lands in survey Nos.11 to 14 admeasuring about Acs.39.00. They further allege that they go to their agricultural lands through the approach road from Warangal Highway adjacent to which APHB is developing Singapore Township. At the instance of APHB, land was acquired including the land which formed part of approach road. After acquiring land and developing the colony, respondents started constructing compound wall to a length of half a kilometer all along the approach road preventing the passersby and causing inconvenience to petitioners. First respondent ﬁled counter aﬃdavit denying counter averments including the allegation that there is approach road. It is stated that APHB is having Acs.723.00 of land and in the ﬁrst phase, they are developing Acs.70.00. It is further stated that APHB is laying cement roads where kacha roads were formed by APHB earlier and the approach road is being developed exclusively for the residents of the colony. This Court while admitting the writ petition ordered status quo on 03.03.2005. Subsequently on 31.03.2005, this Court modiﬁed the order observing that APHB can proceed with construction of compound wall which is subject to result of writ petition. Aggrieved thereby, petitioners ﬁled writ appeal being W.A.No.984 of 2005. The same was dismissed on 04.07.2005 in view of another Division Bench order on the same day in W.P.No.9535 of 2005. In the said writ petition, this Court having noticed APHB developed approach roads in Singapore Township exclusively for the purpose of providing access to the people living in the colony, held that the petitioners therein had no right. It was observed therein: Since the road has been purchased by the users for their own use, it is a private road, therefore, the petitioner has got no grievance if the respondents are constructing a wall over it. Learned counsel for the petitioner has also drawn our attention to the judgment of the Supreme Court reported in Municipal Corporation of Greater Bombay v Premnagar Zopadapalli Committee Society[1]. This judgment, in our view, does not attract the facts of the present case. The land in that case had been acquired for the purpose of establishing a medical college, nursing college, primary school, gardens, etc., and it was a case of encroachment of the land, which was subject matter of the writ petition, therefore, we do not ﬁnd any similarity between the case at hand and the case decided by the Supreme Court. In view of Division Bench Judgment, petitioners cannot be said to have any right to restrain APHB from constructing a compound wall. The roads in the colony are intended to the exclusive use of residents of the colony. However, if the roads, open spaces and other common areas are handed over to local authorities like Municipality or Panchayat as per Section 36 of Andhra Pradesh Housing Board Act, 1936, it shall be open to petitioners and other non-residents of Singapore Township to approach Panchayat Authorities for necessary redressal. However, the observation made hereinabove does not enable the petitioners to claim right of access to approach road. The writ petition, subject to above observations, is accordingly dismissed. No costs. ______________ (V.V.S.RAO,J) 13.10.2008. pln [1] AIR 1991 SC 817