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Judgment
The Honourable Mr. Justice Vinod K. Sharma
The Petitioner has approached this Court with a prayer for issuance of a Writ in the nature of Mandamus, directing the Respondents to issue the
application form to avail Capital Investment subsidy for Backward Area, under the letters, dated 24.05,2007 and 29.05.2007.
The case set up by the Petitioner, is that he is a manufacturer of matches and has imported machinery for that purpose from Korea, of the value
of Rs. 70 lakhs(Rupees Seventy lakhs only) and commenced production w.e.f. 20.01.2007.
The Petitioner claims that G.O.Ms. No. 37 has been issued by the Industries Department, dated 20.07.2000 for payment of Capital Investment
Subsidy for Backward Area, and that the Petitioner is fully eligible for subsidy under the Government Order.
The Petitioner has not placed on record any Government Order, showing the eligibility.
The stand taken by the Respondents, in the counter, is that G.O.Ms. No. 37, dated 20.07.2000, on which reliance has been placed by the
Petitioner, stands superseded with G.O.Ms. No. 32, dated 28.06.2002 under which the Petitioner is not eligible for grant of subsidy.
The stand of the State cannot be sustained, as the prayer of the Petitioner is only to supply the application form, to claim subsidy which can be
considered by the Respondents, on merits, after application is filed.
The eligibility can only be considered after the requisite particulars are given by the Petitioner. The Respondents have failed in their statutory
duty, in not giving the application form, inspite of the request by the Petitioner.
The Writ Petition is allowed. A Writ in the nature of Mandamus is issued directing the Respondents to supply the application form to the
Petitioner, for filing necessary application. It is only thereafter that a decision can be taken by the State Government to consider the eligibility of the
Petitioner and the effect of new G.O.Ms. No. 32, dated 28.06.2002, on the rights of the Petitioner.
The Respondents are directed to issue the application form to the Petitioner within 15 days from the date of receipt of certified copy of this
order. No. costs.