PREM SHANKER ASOPA,J. - (1.) BY this writ petition, the petitioner has sought an appropriate order or direction to restrain the respondents from recovering the amount of 15% investment subsidy i.e. Rs. 36,975/ - paid to the petitioner. The petitioner has further prayed for quashing of the notice dated 15.12.1991 and 14.2.1992 with a direction to the respondents to close the proceedings for recovery of the aforesaid amount of subsidy paid to the petitioner.
(2.) THERE is no dispute that 15% subsidy amount of Rs. 36,975/ - on the capital investment was disbursed to the petitioner. The dispute is only with regard to the fact as to whether withdrawal of the scheme for grant of subsidy by the Central Government on 30.9.1988 will have any effect on the petitioner who was granted subsidy subsequently on 25.11.1988 (vide Annexure -3) in respect of which application was filed by the petitioner in March, 1988. Submission of the learned Counsel for the petitioner is that case of the petitioner is covered by a judgment of this Court dated 22.12.1993 rendered in Goyal Ice Industries v. State of Rajasthan and Others, S.B. Civil Writ Petition No. 719/1993, wherein it has been held that it is the date of application which is relevant for grant of subsidy and not the actual date of grant. In the said decision, the case of Ashoka Oil Industries v. State of Rajasthan, S.B. Civil Writ Petition No. 827/ 1990, decided on 1.3.1993, was referred to and relied.
(3.) SUBMISSION of Dr. Khangarot is that this Court has considered the case of Ashoka Oil Industries (supra) in the case of Bhartiya Laghu Udyog v. The State of Rajasthan and Anr. S.B. Civil Writ Petition No. 615/1994, decided on 25.7.2006, wherein it has been held the case of Ashoka Oil Mills was decided in the peculiar facts and circumstances of that case.;