High Court · 2025

Mr. Siddhart ha Singh, Advocat e, for t he pet it ioners. Mr. Ganesh Dat t Kandpal, Deput y AG, for t he St at e. Mr. Vipul Sharm a, Advocat e, for t he respondent no. 3. Mr. Birendra Singh Adhikari, Advocat e, for t he r espondent no. 5. ( 2) Pet it ioner s claim t o be m em ber of BHEL Grah Nir m an Sam it i Lt d., Ranipur, Haridwar. According t o t hem , pur suant t o dir ect ion issued by Division Bench of t his Court in Special Appeal No. list of 769 of 2017, exercise m em bers of t he aforesaid societ y, by elim inat ing ineligible persons, was undert aken and pet it ioner s have been r et ained as m em ber s of t he Group Housing Societ y. I n t his writ pet it ion, pet it ioners have sought t he following reliefs: t o prepare t he ” ( i) I ssue a writ , order or dir ect ion in t he Official nat ur e of m andam us com m anding respondent s t o respondent no. 6 for Phase V Housing Proj ect , illegally recorded in nam e of respondent no. 3. t ransfer 75 Acr e of t o ( ii) I ssue a writ , order or dir ect ion in nat ur e of m andam us direct ing t he r espondent s no. 1, 2 t o hold t he elect ions of r espondent no. 6, expedit iously. ( iii) I ssue a writ , order or direct ion in nat ur e of Mandam us dir ect ing r espondent no. 6 t o allot t he plot num bers t o t he successful allot t ees and t o com plet e t he form alit ies for delivery of possession.” Lear ned Counsel t he pet it ioners ( 3) subm it s t hat Bharat Heav y Elect ricals Lt d. agreed t o provide 75 acr es of land, fr ee of cost , t o t he BHEL Grah Nirm an Sam it i Lt d., however Bharat Heavy Elect ricals Lt d. is dragging it s feet and has not provided any land so far t o t he Sam it i. lear ned Mr. Bir endra Singh Adhikari, ( 4) Counsel appearing for BHEL, however, subm it s t hat physical possession of 35.36 acres of land, sit uat e in Village Ravoli Mehdood and Ranipur, Tehsil Har dwar, was handed over by BHEL t o St at e Governm ent t her eaft er 30.12.2003 phy sical possession of anot her 40 acr es land, falling in Village Ravoli Mehdood and Ranipur, Tehsil Hardwar, was handed over t o t he St at e Governm ent on 30.11.2004. I n support of t his cont ent ion, he has produced in Court possession cert ificat es along wit h part icular s of khasra num bers of t he land, which w er e handed over t o t he St at e Gover nm ent . Mr. Adhikari has also produced in Court an Office Mem o, issued by Secr et ary, I ndust r ial Developm ent , Governm ent of Ut t arakhand on 1.12.2003, pur suant t o which, possession of land was allegedly handed over by Bharat Heavy Elect ricals Lt d. t he St at e Governm ent . These docum ent s, pr oduced by Mr. Adhikari in Court , are t aken on record. Regist ry is direct ed t o paginat e t hese docum ent s. t o Since t he st and t aken by Bharat Heavy ( 5) Elect rical Lt d. is t hat phy sical possession of 75 acres of land has been handed over t o t he St at e Governm ent , t her efore, issuance of any direct ion t o allot anot her 75 acres land t o t he societ y would be uncalled for. As regar ds ot her prayer s m ade in t he writ pet it ion, lear ned St at e Counsel subm it s t hat process is on and once t he vot er list is finalised, elect ions shall be held as per law. libert y t o pet it ioners I n such view of t he m at t er, writ pet it ion ( 6) is disposed of wit h t o approach Secr et ary, Revenue, Governm ent of Ut t arakhand by m aking a vent ilat ion of t heir grievance. I f pet it ioners m ake such r epr esent at ion wit hin t wo weeks from t oday, t aken wit hin six decision m ont hs t hereaft er. All st akeholder s shall be hear d by Secret ary, Revenue befor e passing any order. t hereupon shall be represent at ion ( M a n o j K u m a r Ti w a r i , J.) 1 0 .1 2 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR