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Madhya Pradesh High Court · body

2001 DIGILAW 125 (MP)

Pithampur Packaging Pvt. Ltd. v. Union of India

2001-02-07

A.M.SAPRE

body2001
The petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner for claiming essentially the following relief: "a. that an appropriate will direction or order be kindly issued thereby directing the respondents No. 1 to 4 to release Central Investment Subsidy of Rs. 8.40 lacs in favour of the petitioner with interest @ 20% p.a. accrued till date of payment." The petitioner bases their claim on the strength of one scheme promulgated by Union of India the respondent No. 1 for grant of Central Investment Subsidy of 25% of the total investment of industrious provided they are situated in particular backward districts. This scheme is annexed as Annexure B. It is the case of petitioner that though he has set up an industry and complied with the requirement of Scheme yet the petitioner is not granted the subsidy by the respondents. It is with this background the petitioner has filed this writ essentially complaining that they have not been granted the subsidy. The respondents have not filed any return not any counter-affidavit. In-fact, there is no representation of the respondents and hence this Court is unable to know as to how the case of petitioner was dealt with whether at all dealt with or not? and if so what was its final outcome. Perusal of Scheme pursuant to which the petitioner has claimed to have applied for grant of subsidy shows that it provides for an elaborate procedure for the disposal of the application made for grant of subsidy. Clause 2.4 which is relevant reads as under:- “Clause 2.4 -- The Disbursing Agency with whom the application for Central Investment Subsidy is filed will examine the application and determine the eligibility of the industrial unit. Clause 2.4 which is relevant reads as under:- “Clause 2.4 -- The Disbursing Agency with whom the application for Central Investment Subsidy is filed will examine the application and determine the eligibility of the industrial unit. All the cases after due scrutiny will be referred to the State Level Committee constituted under the Scheme with suitable recommendations for final decision, The agenda notes will be submitted to the State Level Committee in the form prescribed in Annexure IV," In my opinion, at this stage the only appropriate direction in the facts of this case that can be issued against the respondents is to consider the case of petitioner in the light of the Scheme by the disbursing Authority and then by State Level Committee as per Clause 2.4 and communicate the outcome of their decision to the petitioner whether the petitioner is entitled to get the subsidy or not? Since the matter is pending for last more than 7 years. I direct the respondents to decide the application within six months from the date of this order. It is for the respondents (any of them) to forward the application of petitioner to concern authority (State Level Committee I named in the Scheme for the disposal of the application. No costs. Security amount if deposited by the petitioner be refunded as per rules.