MEGHALAYA FEED PRODUCTS Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner is before this Court in a second round of litigation by way of these two writ petitions, and as they are similar are being disposed of by this common order and judgment. These matters concern the grant of subsidy on the transport of raw materials and finished products, under the Transport Subsidy Scheme, 1971, from selected areas to promote industries which includes the State of Meghalaya of which the petitioner firm is a beneficiary.

(2.) By these writ petitions, the writ petitioner firm is aggrieved with the non-disbursement of the complete amount of transport subsidy, which it claims has been allowed by this Court by order dtd. 3/5/2019, passed in WP(C) No. 389 and 390 of 2014, wherein, it was held that the requirement for payment by cheque of the expenditure incurred, would not be applicable for the period 1/10/2008 to 31/12/2008 and 1/1/2009 to 31/3/2009, the period for which the subsidy had been claimed. It has been contended by the writ petitioner that, the order dtd. 3/5/2019, had directed the respondents to re-consider the claim, in the light of the observations made therein, for disbursement of the subsidy amount for the period 1/10/2008 to 31/12/2008 and 1/1/2009 to 31/3/2009, which however the respondents by the impugned order dtd. 2/8/2019, though releasing certain amounts, fell short of the amount as claimed by the writ petitioner.

(3.) In this context, as the matter had been dealt with by this Court in the earlier writ petitions namely WP(C) No. 389 and 390 of 2014, which were disposed of by order dtd. 3/5/2019, it would be useful to reproduce the same below, for easy reference: High Court of Meghalaya at Shillong WP(C) No. 389 of 2014 With WP(C) No. 390 of 2014 Date of order: 3/5/2019 M/s Meghalaya Feed Products Vs. The Union of India & Ors. Coram: Hon'ble Mr. Justice Mohammad Yaqoob Mir, Chief Justice Appearance: For the Petitioner/Appellant(s) : Dr. B.P. Todi, Sr. Adv. with Dr. A. Todi, Adv. Ms. P. Agarwal, Adv. For the Respondent(s) : Mr. R. Debnath, CGC (For R 1) Mr. S. Sengupta, Addl.Sr.GA (For R 2- 4) Ms. B. Ghosh, Adv. Vice Mrs. P.D.B. Baruah, Adv. (For R 5) i)Whether approved for reporting in Law journals etc.: Yes/No ii)Whether approved for publication in press: Yes/No Oral:-