JUDGMENT :

Meenakshi Madan Rai, J.

1. Claiming abrogation of her fundamental rights as guaranteed under Article 14 of the Constitution of India and violation of the principles of natural justice, the Petitioner herein seeks a direction to the Respondent No.1 not to disturb her possession on a plot of land measuring 20 feet x 25 feet at Deorali School Road, Gangtok, East Sikkim. That, the Respondent No.1 be restrained from acting contrary to the rights of the Petitioner and to stay the Order of the Respondent No.1 requiring demolition of a structure on the said plot of land constructed by her.

2. The facts as projected by the Petitioner are that she is a 50% physically challenged person with permanent impairment of both her upper limbs as certified by the concerned authority at the Safdarjung Hospital, New Delhi vide a Disability Certificate, dated 11.10.1991. In 1974 she was married to one Lhendup Dorjee Bhutia from whom she allegedly separated in the year 1988. In the year 1991, a kitchen accident rendered her disabled and in order to maintain the three minor children from her husband, she sought for and was granted maintenance from him, vide a Magisterial Order, dated 30.03.1992 (An