BHAGWANA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment dtd. 8/11/2017 delivered by the learned Single Judge in OWP No.506/2015, whereby the learned Single Judge while dismissing the writ petition held that it is well settled in law that if the writ petition involves disputed question of facts, the same cannot be adjudicated in a writ petition, which is a proceeding of summary in nature.

(2.) Heard learned counsel appearing for the parties, considered their rival contentions and also perused the file.

(3.) Although the claim of writ petitioner is that her house, constructed in Khasra No.179-Min, measuring 41/2 marlas, situated at Village Gatha, Bhadarwah, had first got damaged and ultimately collapsed due to the widening of Doda-Bhadarwah road in the year 2012-13, yet the stand of respondents is that the widening of road, as per the records, was undertaken in the year 2005, whereas no construction of the road was made in Village Gatha, Bhadarwah in the year 2012-13. Further, the house of writ petitioner was on the hill side and was not within the right of way of the road at DodaBhadarwah. The writ respondents have also claimed that the house of writ petitioner got damaged in the year 2014 on account of incessant rains which had caused large scale of havoc and damages in the entire State of Jammu and Kashmir and not on account of widening of road.