Writ petition is unlikely to be entertained by High Court as what is involved is dispute as to enforcement of private rights conferred through sale deed by common vendor against private party/society. You need to file civil suit in City Civil Court, Secundrabad against Society and your vendor seeking right to passage as mentioned in sale deed.
Approach Road Or Access Road from Other Colony/Society
We have a 1300 square yards property with a constructed house and open garden in Cantonment Board. We have 2 access roads - 1. One from a slum area which has 8 feet abutting road from where we cannot even get our cars in our home. 2. Second from a registered society/colony from where we have a 30 feet abutting road. We used this road from this society/colony from 1980 to 2005. In 2005, the society/colony raised an objection and raised a compound wall and we tried to install a gate as well but they objected it and said follow proper procedure and we will not allow outsiders to use our society roads. Both the properties are under same survey number and same owner has sold the property to the colony/society and us. And it is even mentioned in their sale deed document that "The vendor hereby agree to provide and make new one approach road from survey number so and so to the schedule area to mentioned property at his own cost which road will be common approach road for other neighbor survey numbers which also are owned by vendor. " These colony/society roads are maintained by Cantonment. Now we would like to reopen our access road from this society/colony by filing a writ petition. Kindly let us know the process and points to file the writ with (Constitutional Rights, Easementary Rights, Municipal rules and any other similar court cases) and a lawyer who can resolve this.
Asked 2 years ago in Civil Law
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6 Answers
You can file a petition under easement law for your right to have access of the same
You can claim easmentary right of necessity if there is no other access to your plot
2) before proceeding legally issue notice to society and Cantonment board to provide you right of access
3) if they refuse then only take legal proceedings of claiming easmentary right
If your registered sale deed states that you are entitled to road access through the road passing through the neighboring society then you can issue a legal notice to the housing society to not to block your easement rights and to allow your access to road through the common passage to which you are entitled as per the registered sale deed in yor possession.
Id the society still blocks and do not allow you to use this pathway, you can approach civil court with a suit for mandatory injunction as well as for easement rights.
Even though this falls within the Cantonment jurisdiction, your grievances are against the society which has blocked the pathway, hence you can file a lawsuit against the society only
- Since you was using the said path/road for the long time , then the society cannot restrict you for using the same after raising a wall.
- You can file your compliant before the Municipal corporation , and if no response then file a suit against the society under The Indian Easement act ,
.- under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining the society from obstructing your right to access till main road.
Dear Client,
It is advisable to file a complaint against the Society at the City Civil Court under Section 35 of the Indian Easement Act, 1882, claiming for a permanent injunction against the Society for obstructing your pathway. This shall make your grievances clear and would allow you to have sufficient access to the road.
You may book a consultation with us for more information.
Thank you.
