MAYA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner seeks for the following reliefs:-

(2.) It is the plea that the house in which the petitioner is residing is authorized by law. That the respondents, in the guise of the order passed in public interest litigation (WPPIL No.56 of 2012), are attempting to demolish the house of the petitioner. Hence, the instant writ petition.

(3.) On hearing learned counsels, we are of the view that the contentions raised by the learned for the petitioner are questions of fact. The petitioner would have to establish the fact of her lawful possession over the property in question. Even otherwise, the respondents cannot act in a high-handed manner by taking law into their own hands by demolishing a lawfully constructed house. Whether the house is lawfully constructed or not is a question of fact. Therefore, we are of the view, that it would not be appropriate to entertain the dispute in a writ petition.