THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.4966 of 2008 ORDER: The petitioner is a native of Chodimella Village, West-Godavari District. In the neighbouring village of Sanivarapupeta, an over head tank is being constructed. The petitioner states that the access to his plot was Cheruvugattu road, passing through the limits of Sanivarapupeta. His grievance is that on account of the construction of the water tank by the 2nd respondent-Gram Panchayat, the access to his plot is blocked. He seeks appropriate directions in this regard. The 2nd respondent filed a counter-affidavit, stating that there did not exist any notified road as such, and a water tank is being constructed in the available place. According to them, the Cheruvugattu is not at all a notified road, or passage. Heard the learned counsel for the petitioner and learned counsel for the respondents. The claim made by the petitioner is more in the form of an easementary right. The petitioner is not able to convince this Court that there existed a public road as such. Even assuming that the petitioner had any right to use the place, where the water tank is being constructed, as his passage, he has to establish such right through oral and documentary evidence, and that would be possible only if a suit is filed. Hence, the writ petition is disposed of, leaving it open to the petitioner to work out his remedies by filing a suit in a Civil Court. There shall be no order as to costs. ________________________ Dt.13-03-2009. L. NARASIMHA REDDY, J. KO