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Judgment
S.K. Gangele, J.—Heard. The petitioner has filed this petition against the communication dated 20-02-2005 (Annexure P-14).
Earlier, the petitioner submitted an application for grant of subsidy in accordance with Rules, named as "Madhya Pradesh Naye Cinemagharon Ke Nirman Ko Protsahan Yojna Ke Sahayata Anudan Niyam, 1982" [hereinafter referred to as " the Rules of 1982"]. When the application was not decided, the petitioner filed a petition before this Court which was registered as Writ Petition No. 662/2004. This Court vide order dated 01-10-2004 disposed of the aforesaid writ petition with the following directions:-
Be it as it may be, the fact remains that claim of the petitioner has not been decided and proper order are yet to be passed. In view of the aforesaid at this stage without expressing any opinion on the merits of the case, respondents are directed to consider the case of the petitioner in the light of the provision of the rules as amended from time to time, as applicable in the case of the petitioner and after considering the claim with regard to completion of work of Theatre in question pass a speaking order within a period of three months from the date of receipt certified copy of this order. If necessary petitioner give opportunity of hearing. The petitioner shall file a certified copy of this order along with a detailed claim before respondent No. 2, the said authority shall decide the claim in accordance of with law and within the time stipulated hereinabove.
For the present, petition is disposed of with the aforesaid.
Then, the claim of the petitioner has been rejected by the impugned communication dated 20-02-2005 (Annexure P-14). It is mentioned in the communication dated 20-02-2005 of the Assistant Commissioner (Excise), Gwalior that the Collector vide order dated 15-02-2005 rejected the claim of the petitioner, hence, the application submitted by the petitioner is rejected.
The Rules of 1982 prescribes the procedure in regard to grant of subsidy. The relevant provisions of Rule 8 of the Rules of 1982 are under:-
In accordance with the aforesaid Rules, the Collector shall submit his recommendation to the authority and also conduct an enquiry if it is necessary and thereafter, the Commissioner (Excise) shall pass an order. Admittedly, no such procedure has been followed by the respondents in the present case. Hence, the communication dated 20-02-2005 (Annexure P-14) is contrary to law. The writ petition is disposed of with the following directions:-
(I) That, the communication dated 20-02-2005 (Annexure P-14) is hereby quashed.
(II) That, the matter is remanded back to the Commissioner (Excise) to pass an order in accordance with the provisions of the Rules of 1982 within a period of six weeks from the date of receipt of certified copy of this order.
(III) That, the authority is directed to pass an order in accordance with the Rules of 1982 and if aforesaid Rules are not followed then the concerned authority shall be liable for costs personally.
(IV) That, if the petitioner wants he should be heard by the authority.
Petition stands disposed of with the aforesaid directions. Certified copy.