As per Section 144 of the Code of Criminal Procedure, 1973, Magistrate can issue order if there is sufficient ground for immediate prevention or speedy remedy. Magistrate may direct any person to abstain from a certain act, to prevent, obstruction, annoyance of injury or danger to human life, health or safety or a disturbance of the public tranquility, or an affray.
Hence, in this case the Sub-Divisional Magistrate can pass order only if the house is in such a dilapidated condition as to be potential danger to human life, and not otherwise. The heirs will succeed in resisting the order only if the house is not in danger to public.