SABOO MINERALS Vs. STATE & ORS

JUDGEMENT

(1.) The petitioner is a registered partner-ship firm and is engaged in the business of manufacture and sale of cement. The petitioner is small-scale industry. A power connection was allotted to the petitioner for the manufacturing purposes with effect from 10.8.1982. The Government as per notification dated 2.7.1974 (Annx. 1) provided the grant of 25% of the power subsidy and the scheme extending the establishment of the units is placed as Annx. 2. The subsidy to the extent of 25% of the power expenditure was available to the unit for a period of five years upto 31.3.89 or five years from the date of receiving the first subsidy whichever was earlier.

(2.) Claims were submitted by the petitioner for the various quarters as per chart placed as Annx. 3 and when these amounts were not released a writ petition no. 1160/87 was filed and the same was allowed on 3.5.1993 vide order Annx. 4. The direction was further given that subsidy for the period regarding which bills were pending be released within three months from the date of the order. The bills pertained to the periods September, 1985 to December, 1985, January 1986 to April 1986 and May, 1986 to August, 1986, that is for the three quarters.

(3.) It is an admitted position that the respondents have paid the subsidy prior and latter to the period in question. For facility of reference a chart showing the claim made and payments released has been given in detail in para 6A of the writ petition. The petitioner is aggrieved against the conduct of the respondents in refusing to grant the outstanding subsidy to the petitioner for this period inspite of the direction given by this Court in the order referred to above. Respondents have finally refused to grant subsidy vide letters Annxs. 27 and 30 attached to the petition and precisely these are the two documents which are sought to be quashed.