IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1047 of 2008 (M/S) Rakesh S/o Kishan Singh R/o Village Rawali Mahdood, Paragana Jawalapur, Tehsil and District Haridwar ......... Petitioner Versus 1. State of Uttarakhand through its Chief Secretary Dehradun 2. State of Uttar Pradesh Through its Chief Secretary, Lucknow (U.P.) 3. Collector, Haridwar District Haridwar 4. M/s B.H.E.L. Regd. Office at BHEL House, SIRIFORT, New Delhi, 5. M/s B.H.E.L. Haridwar through its Executive Director. 6. Special Land Acquisition Officer, District Haridwar. ......... Respondents Mr. S.K. Shandilya, learned counsel for the petitioner. Mr. K.P. Upadhyay, learned Addl. C.S.C. for respondents No. 1, 3 & 6. Mr. I.P. Kohli, learned counsel for the respondent Nos. 4 and 5. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought writ in the nature of certiorari, quashing the order dated 13.03.2008, passed by the Special Land Acquisition Officer, whereby the representation of the petitioner has been rejected. A mandamus has also been sought, commanding the respondent to return the land of the petitioner, acquired by the State of Bharat Heavy Electricals Limited. 3) Brief facts of the case are that the land including that of the petitioner was acquired by the State way back in the year 1961-1962, for establishing a Public Sector Undertaking – Bharat Heavy Electricals Limited. The land acquired was handed over to said Organization. The compensation also appears to have been paid to the petitioner. Now, after 40 years, the petitioner wants his land be returned, as the same remained unutilized. In view of the principle of law laid down in C. Padam Vs. Deputy Secretary to the Government of Tamil Nadu (4997) 2 Supreme Court Cases 627, wherein it is held that after the compensation has been paid and possession has been taken over by the Government, the land of the claimant cannot be returned back to him. This Court does not find any error of law committed by the Special Land Acquisition Officer in rejecting the representation of the petitioner, which he made on 08.03.2007. 4) Therefore, this writ petition is dismissed summarily. (Interim Relief Application No. 3890 of 2008 also stands dismissed). (Prafulla C. Pant, J.) Dt. November 05, 2008. H. Negi