VIDYAWATI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present Writ Petition is filed for the following relief(s) :

(3.) Learned counsel for the petitioner has stated that the petitioner had applied under the scheme floated by the Government of Bihar for extending interest free loans to all the entrepreneurs belong to the Scheduled Castes and Scheduled Tribes. That under the Scheduled Castes and Scheduled Tribes entrepreneurs scheme an amount of Rs.10,00,000.00 is extended to the said entrepreneurs for starting small scale industry. The petitioner has also applied under the said scheme on 9/8/2018 for starting a carpentry and wooden furniture workshop. Thereafter, on the application made by the petitioner an amount of Rs.2,50,000.00 was paid as a first installment out of the total sanctioned amount of Rs.10,00,000.00. The workshop was setup in the name of Anannya Furniture, situated at village Hukhan, P.O. Sondhila, District Buxar. It is stated that though the petitioner had submitted vouchers and sought release of the second installment of Rs.5,00,000.00, the same has not been done till date the balance amount of Rs.7,50,000.00 has not been released. The petitioner has received a notice, dtd. 17/7/2020, vide Letter No. 250 from the General Manager, District Industry Center, Buxar, directing her to open a current account in the name of the petitioner and the petitioner in compliance of the said letter opened a current account in the Central Cooperative Bank Limited, Ara Branch, Ara. Though the petitioner has been making several representations to the concerned officials for releasing the balance installment of Rs.7,50,000.00 out of the total sanctioned amount of Rs.10,00,000.00, the authorities have not issued any orders nor released the said amount. The petitioner had received a notice, dtd. 19/8/2021, directing her to return the first installment amount of Rs.2,50,000.00 for not furnishing the utility certificate and not utilizing the sanctioned amount for the purpose for which it is sanctioned, failing which necessary action would be taken under the Public Demand Recovery Act. Thereafter, the petitioner has approached this Hon'ble Court vide C.W.J.C. No. 17157 of 2022 and this Court vide order, dtd. 22/1/2022, has passed an order directing the petitioner to make a representation to the authorities concerned and on such representation being made authorities were directed to consider the same. In compliance of the above order, the petitioner has submitted a representation, however, the said representation was rejected in a mechanical manner. Learned counsel has stated that the petitioner having been found as an eligible candidate was sanctioned an amount of Rs.10,00,000.00 and the first installment of Rs.2,50,000.00 was also sanctioned in favour of the petitioner. The petitioner has utilized the said amount of Rs.2,50,000.00 by setting-up on unit and started production. Learned counsel has drawn the attention of the Court to the bills submitted by the petitioner for purchase of machinery and for establishment of the unit. Learned counsel has stated that the action of the authorities in directing the petitioner to submit a utility certificate for the amounts of Rs.2,50,000.00 is without any legal basis and there is no requirement under the said scheme for submitting any utility certificate. Learned counsel has stated that the petitioner had made a representation duly enclosing the purchase receipts evidencing the purchasing of the machinery and the same was not taken into consideration by the authority concerned. The authorities without considering the documents submitted by the petitioner have rejected the representation in a mechanical manner. Further, it is stated by the learned counsel for the petitioner that even before the disbursal of the second installment the question of submitting any utility certificate does not arise. That the action of the authorities in demanding the re-payment of first installment is contrary to the provisions of the scheme. The scheme provides for re-payment of the loan amount only after a period of one year from the date of disbursal of the third installment, but, not before that. Learned counsel has therefore prayed this Hon'ble Court to allow the present Writ Petition.