Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8274 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2292/2025 Hon’ble Manoj Kumar Tiwari, J. Ms. Geeta Luthra, Senior Advocate through video conferencing assisted by Mr. Harshit Sanwal, Advocate for the petitioner. Mr. N.S. Pundir, Deputy Advocate General for the State.
2. According to petitioner, an industrial plot was allotted to him by erstwhile U.P. State Industrial Development Corporation in the year 1987 and after State re-organisation, the plot allotted to petitioner has come under the jurisdiction of State Infrastructure & Industrial Development Corporation of Uttarakhand Limited (SIDCUL).
3. In this writ petition, petitioner has sought a direction to the revenue authorities, to demarcate plot Nos. 515/1A, 515/1B, 515/2, 515/3M, 515/4 of 10.10, 32, 20.12, 61 and 41 bigha size each, situated at Industrial Unit in Gram-Amua, Tehsil Khatima, District Udham Singh Nagar.
4. Learned State Counsel, however, submits that the land allotted to petitioner is in the form of an industrial plot within an industrial estate and in the khatauni also, the name of industrial estate has been recorded, therefore the application, if moved by the petitioner under
2025:UHC:8274 Section 41 of Land Revenue Act, 1901, would not be maintainable.
5. Ms. Geeta Luthra, learned Senior Counsel appearing for the petitioner then submits that petitioner be permitted to approach SIDCUL, by making application and the competent authority, SIDCUL be asked to take necessary steps on the application.
6. Accordingly, the writ petition is disposed of with liberty to petitioner to make application to the competent authority, SIDCUL for demarcation of the plot. The competent authority shall examine petitioner’s prayer as per statutory provision and if it is permissible for SIDCUL to undertake exercise of demarcation, then needful shall be done on the application, within four months from the date of presentation of certified copy of this order before the competent authority.
7. It goes without saying that all the stakeholders on the land and its adjoining land shall be given an opportunity while undertaking the exercise of demarcation.
8. Petitioner shall be at liberty to approach the appropriate forum, including this Court in case the decision goes against him.
Manoj Kumar Tiwari, J.) 17.09.2025 Mahinder/
MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b0892 3c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4B ABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.18 19:10:58 +05'30'