- (1.) THIS appeal is directed against an Order dated 5/4/2006 passed by a learned Single Judge of this Court in W. P. No. 1464 (W) of 2005 disposing of the Writ Petition by directing the Respondent No. 3 to consider the grievances of the Appellants qua non-payment of subsidies on account of installation charges of the Plant and Machinery and also qua non-payment of electricity subsidy with a further direction to consider the matter and pass appropriate Orders within 8 weeks from the date of communication of the Order. So far as the claim for interest was concerned, the learned Single Judge held that the Appellant was not entitled to any subsidy qua soft loan but in respect of the other items of claim, the concerned Respondent was directed to consider the same.
(2.) THE facts of this case, as pleaded in the Writ petition, was that the Petitioner is a proprietary concern dealing with manufacture of food and has a Unit situated at Tulsipara, P. O and P. S. Raiganj, uttar Dinajpur. The said Unit manufactures "atta and Maida" and for purposes for setting up of a manufacturing Unit, an Application was made on 1. 8. 2001 addressed to the West Bengal Financial Corporation seeking financial assistance whereupon by their letter dated 9. 11. 2001, the said Corporation informed the appellants that a loan amounting to Rs. 13. 69 lakhs had been sanctioned under three heads namely:- i) Term loan of Rs. 20. 40 lakhs; ii) Working Capital Term loan of Rs. 12. 76 lakhs; and iii) Soft loan of Rs. 4 lakhs under certain terms and conditions.
(3.) IT was stated in the Writ Petition that subsequently the proprietress of the Appellant Unit acquired some more land and building adjacent to her own manufacturing Unit and thereafter, prepared a scheme for the proposed manufacturing Unit for the manufacture of "atta" and "maida". Quotations for Plant and Machinery were submitted along with the scheme to the Office of the Respondent No. 3 for verification and approval and on 24. 5. 2002 the said authority informed that her Scheme for the manufacturing unit was technically feasible. Thereafter the Unit was registered as a Small Scale industry and a permanent SSI Registration Certificate was issued. The further case of the Appellant, before the Writ Court, was that the Unit was to be in the category of a "tiny" Enterprise valid up to 28. 11. 2007. The further case of the Petitioner was that by a notification dated 13. 2. 2001 published in the Calcutta Gazette on 14. 2. 2001, the government of West Bengal, Department of Commerce and Industries, notified a scheme known as "the West Bengal Incentive Scheme, 2000" providing certain incentives to industries (large, medium and small scale industries) for their promotion. According to the Appellants, they were entitled to the benefits under the 2000 Scheme referred to above and therefore, made an Application in the prescribed form together with a covering letter dated 30. 12. 2002 addressed to the general Manager, praying for incentives.;