High CourtsSingle Bench(2018) 08 CHH CK 0299

Satish Kumar Chandrakar vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 27 August 2018

HON’BLE JUDGES
Prashant Kumar Mishra, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 2197 Of 2018

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Judgment

14 paragraphs · 274 words

Prashant Kumar Mishra, J

1.

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.

2.

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.

3.

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.

4.

The writ petition stands disposed of.