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Judgment
Mr. Arvind Kumar Sharma, Advocate, present for the petitioner.
Ms. Prabha Naithani, Brief Holder, present for the State/respondent Nos.1 to 3.
The petitioner was given a subsidy by the Government and subsequently interest subsidy was denied to the petitioner, which according to the petitioner was liable to be given to him. Consequently, a writ petition being WPMS No. 940 of 2014 was filed by the petitioner before this Court, which was disposed of by this Court by passing the following order:-
"Mr. A.K. Sharma, Advocate for the petitioner. Mr. R.C. Arya, Standing Counsel for the State. Learned counsel for the petitioner seeks permission to withdraw this petition with liberty to move a representation before the General Manager, District Industry Centre, Roorkee, Haridwar for reconsideration of the claim for waving of the interest. He submits that such a representation shall be moved within two weeks from today. Mr. R.C. Arya, learned Standing Counsel for the State, fairly submits that if such a representation is moved for reconsideration of order dated 12.11.2010, same shall be disposed of in accordance with law by speaking order within next three weeks. Permitted to be withdrawn with the aforesaid liberty. CLMA No.4079 stands disposed of accordingly."
Consequent to this order, an order has been passed by the respondent authorities stating that the
petitioner could not make a representation within a period of two weeks as directed by this Court and further that the petitioner was not registered, and therefore, interest subsidy cannot be given to the petitioner.
In the counter affidavit filed on behalf of respondent No.2, the same stand has been taken and another order dated 27.08.2014 was passed by the General Manager, District Industry Centre, Roorkee, Haridwar which reiterates the same aspect.
The petitioner, on the other hand, contends that as far as the registration is concerned, this objection is totally wrong. Moreover, it is because of the registration itself that the subsidy was given to the petitioner. Therefore, once the subsidy has been given to the petitioner, there is no plausible reason for denying the interest subsidy to the petitioner.
In view of the aforesaid, the writ petition stands disposed with a direction to the petitioner to move a fresh representation before the Secretary, Industry, Secretariat, Dehradun/respondent No.1, which shall be decided on merits within a period of four weeks from the date of production of the representation along with a certified copy of this order. It is made clear that in case Registration is mandatory, findings must be recorded or reasons assigned as to why in the first place subsidy was granted to the petitioner when the Unit was not registered in accordance with law.
Let a certified copy of this order be supplied today itself on payment of usual charges.