2025:UHC:10970 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PMS 3 3 5 5 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Siddhartha Singh, Advocate, for the petitioners. Mr. Ganesh Datt Kandpal, Deputy AG, for the State. Mr. Vipul Sharma, Advocate, for the respondent no. 3. Mr. Birendra Singh Adhikari, Advocate, for the respondent no. 5. (2) Petitioners claim to be member of BHEL Grah Nirman Samiti Ltd., Ranipur, Haridwar. According to them, pursuant to direction issued by Division Bench of this Court in Special Appeal No. 769 of 2017, exercise to prepare the list of members of the aforesaid society, by eliminating ineligible persons, was undertaken and petitioners have been retained as members of the Group Housing Society. In this writ petition, petitioners have sought the following reliefs: ” (i) Issue a writ, order or direction in nature of mandamus commanding the Official respondents to transfer 75 Acre of land to respondent no. 6 for Phase V Housing Project, illegally recorded in name of respondent no. 3. (ii) Issue a writ, order or direction in nature of mandamus directing the respondents no. 1, 2 to hold the elections of respondent no. 6, expeditiously. (iii) Issue a writ, order or direction in nature of Mandamus directing respondent no. 6 to allot the plot numbers to the successful allottees and to complete the formalities for delivery of possession.” (3) Learned Counsel for the petitioners submits that Bharat Heavy Electricals Ltd. agreed to provide 75 acres of land, free of cost, to the BHEL Grah Nirman Samiti Ltd., however Bharat Heavy Electricals Ltd. is dragging its feet and has not provided any land so far to the Samiti. 2025:UHC:10970 (4) Mr. Birendra Singh Adhikari, learned Counsel appearing for BHEL, however, submits that physical possession of 35.36 acres of land, situate in Village Ravoli Mehdood and Ranipur, Tehsil Hardwar, was handed over by BHEL to State Government on 30.12.2003 and thereafter physical possession of another 40 acres land, falling in Village Ravoli Mehdood and Ranipur, Tehsil Hardwar, was handed over to the State Government on 30.11.2004. In support of this contention, he has produced in Court possession certificates along with particulars of khasra numbers of the land, which were handed over to the State Government. Mr. Adhikari has also produced in Court an Office Memo, issued by Secretary, I ndustrial Development, Government of Uttarakhand on 1.12.2003, pursuant to which, possession of land was allegedly handed over by Bharat Heavy Electricals Ltd. to the State Government. These documents, produced by Mr. Adhikari in Court, are taken on record. Registry is directed to paginate these documents. (5) Since the stand taken by Bharat Heavy Electrical Ltd. is that physical possession of 75 acres of land has been handed over to the State Government, therefore, issuance of any direction to allot another 75 acres land to the society would be uncalled for. As regards other prayers made in the writ petition, learned State Counsel submits that process is on and once the voter list is finalised, elections shall be held as per law. (6) In such view of the matter, writ petition is disposed of with liberty to petitioners to approach Secretary, Revenue, Government of Uttarakhand by making a representation for ventilation of their grievance. If petitioners make such representation within two weeks from today, decision thereupon shall be taken within six months thereafter. All stakeholders shall be heard by Secretary, Revenue before passing any order. ( Man oj Ku m ar Tiw ar 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 Date: 2025.12.10 19:05:26 +05'30' 2025:UHC:10970