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Judgment
Prashant Kumar Mishra, J
Petitioner had obtained loan for establishing poultry farm and is presently in default of payment of loan as is clear from document (Annexure-P-10).
In this writ petition, the petitioner is seeking direction to the respondents to release the subsidy amount of Rs.2,80,000/- for which, according to him,
the District Central Cooperative Bank, Durg has recommended his case for grant of subsidy vide Annexure-P-7 dated 21.06.2016, yet no action is
taken.
The relation between the petitioner and the Cooperative Bank is on the basis of a loan agreement/transaction. Whether or not the petitioner is
entitled for subsidy upon fulfillment of all the eligibility is to be seen by the NABARD and not by the writ Court. There is no document attached to the
writ petition after issuance of Annexure-P-7 by the concerned Bank. The petitioner has never approached the NABARD for release of subsidy.
Therefore, it is difficult to appreciate as to whether the petitioner is eligible and entitled for subsidy in terms of the scheme of NABARD.
Let the petitioner move representation before the NABARD, who in turn shall consult the matter with the District Central Cooperative Bank, Durg
and decide the petitioner's eligibility for releasing the subsidy amount. If the petitioner is found to be eligible and entitled to the subsidy, there is no
reason why the Authorities should not process the matter and take decision within a stipulated time. The petitioner may move the representation within
1 month, which shall be considered by the NABARD in consultation with the District Central Cooperative Bank, Durg within next 6 months.
The writ petition stands disposed of.
