SURESH NANDAN SINHA, SON OF LATE RAM NIRIKSHAN SINHA VILLAGE & P.O. Vs. UNION OF INDIA THROUGH THE PRINCIPAL SECRETARY, MINISTRY OF AGRICULTURE, NEW DELHI

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondent-National Horticulture Board (for short, NHB ) to release the second instalment of subsidy to the tune of Rs. 48,810.00 together with Bank interest as also costs for delay in releasing the same; and for directing the Samastipur Kshetriya Gramin Bank (for short, the Bank ) to not return the subsidy amount already paid to it by NHB.

(2.) The short facts of the case, according to the petitioner, are that an LOI dated 16.07.2005 was issued in his favour by NHB. The petitioner was required to grow mango seedlings in about 5 acres of land. The total project amount was Rs. 4,84,050.00 and the petitioner was given the facility of a loan of Rs. 1,21,000.00 from the Bank, which was sanctioned on 13.01.2006. The project was required to be completed within a period of two years from the date of such sanction. NHB agreed to grant subsidy of Rs. 96,810.00 under the scheme and the Bank was required to submit a report for completion of the project along with photographs of the mango orchard.

(3.) Learned counsel for the petitioner submits that the Bank duly inspected the project on 28.04.2007 and in due course sent its report of completion on 29.12.2007 to NHB. The first instalment of subsidy amounting to Rs. 48,000.00 which was sent by NHB to the Bank on 24.03.2006, had been released to the petitioner on 18.07.2006. It is submitted that in view of the completion of the project as duly approved by the Bank in terms of its report dated 29.12.2007, the petitioner was entitled to the remaining amount of the subsidy. It is submitted that having paid the amount of Rs. 48,000.00 as first instalment of subsidy, there was no justification for NHB to not make payment of the remaining amount of Rs. 48,810.00 by way of second instalment of the subsidy.