The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.7936 of 2005 Order: In this Writ Petition, the petitioner seeks declaration, by way of Mandamus, that the action of the respondents in interfering with his usage and enjoyment of the approach road on the northern side of his house bearing plot No.1016, Road No.46, Jubilee Hills, Hyderabad, is illegal and arbitrary. In the affidavit, filed in support of the Writ Petition, it is stated that the petitioner has purchased part of the house in plot No.1016-A of Jubilee Hills Cooperative House Building Society layout from his vendor Dr.P.Narasimha Rao through registered sale deed, dated 12- 04-1996. It is the grievance of the petitioner that towards the northern side of the said house, there is an approach road, which is being used by him, but the same is being interfered with by the respondents on the ground that it is open land. Counter-affidavit is filed by the Assistant City Planner, Circle V, Municipal Corporation of Hyderabad, stating that the existing piece of land, which is behind the petitioner’s property, is part of 40% of the area of the Jubilee Hills Cooperative House Building Society layout and that the petitioner’s representations seeking to regularize approach road of 13’ wide road have, earlier, been rejected as the said land was not earmarked for any purpose such as approach road etc., and therefore, the petitioner cannot claim any right of usage by terming it as approach road. In view of the statement made by the Assistant City Planner, Circle V, Municipal Corporation of Hyderabad, it is clear that there is, in fact, no approach road as claimed by the petitioner. There is also no material placed by the petitioner before this Court to show that the northern side of his house is covered by any road as per the approved plan. In that view of the matter, the petitioner cannot, as a matter of right, seek direction to the respondents not to interfere with his usage and enjoyment of the said land. However, as it is stated in the counter-affidavit that the petitioner’s representations seeking regularization of approach road of 13’ wide road have been rejected, it is left open to the petitioner to make an appropriate representation seeking permission for usage of the said piece of land for the purpose of ingress and egress from his house. Keeping it open to the respondents to consider such request, the Writ Petition is disposed of. No order as to costs. _________________ R.Subhash Reddy, J Dated 9th December, 2009 lur