THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.A.No.672 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
28.10.2021 passed by the learned Single Judge in W.P.No.26683 of
2021.
The undisputed facts of the case reveal that the father of
respondent No.1/writ petitioner was sanctioned an investment
subsidy of Rs.2,77,060/- under a Scheme called 'T-PRIDE (PHC)'. The undisputed facts also reveal that the father of respondent No.1/writ petitioner did purchase a tractor on the basis of the subsidy sanction order. However, as the amount was not paid to the father of respondent No.1/writ petitioner and he wanted to clear the loans, the writ petition was preferred before this Court and the learned Single Judge has allowed the writ petition.
The operative portion of the order passed by the learned Single Judge is reproduced as under:-
"This writ petition is filed declaring the action of the respondents in not considering the representation dated 23.08.2021 submitted by the petitioner, as illegal and arbitrary and sought for a consequential direction to the respondents to remit the subsidy due amount sanctioned by the respondents vide letter dated 06.07.2019 in the petitioner's account.
Vide proceedings dated 06.07.2019, the 4th respondent informed the father of the petitioner about the sanction of investment subsidy of Rs.2,77,060/- under the scheme called T- PRIDE (PHC) and that the said amount will be released as and when the concerned unit turn comes as per the seriatum for disbursement of available funds. But in the said proceedings dated 06.07.2019, there is no period mentioned.2
According to the learned Government Pleader for Revenue and the learned Government Pleader for Industries and Commerce, the petitioner is at serial No.22 and that the respondents have paid the said amount to the person who is at serial No.5 as of now and they seek some time to pay the said amount to the petitioner herein.
In view of the above submissions, this writ petition is disposed of directing the respondents to pay subsidy investment amount to the petitioner herein as specifically mentioned in the proceedings dated 06.07.2019 within three (03) months from today. There shall be no order as to costs.
Miscellaneous petitions, if any, pending, shall stand closed."
This Court has carefully gone through the order passed by the learned Single Judge as well as other documents on record. It is an undisputed fact that a promise was made by the State Government to the father of respondent No.1/writ petitioner under the T-PRIDE (PHC) Scheme and an order was also issued sanctioning an amount of Rs.2,77,060/- to the father of respondent No.1/writ petitioner to purchase tractor under the Scheme. However, the amount of Rs.2,77,060/- was not paid to him and in those circumstances, the learned Single Judge was justified in allowing the writ petition. This Court does not find any reason to interfere with the order passed by the learned Single Judge.
Resultantly, the writ appeal is dismissed. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ _______________________ N. TUKARAMJI, J 30.12.2021 JSU