IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2487 of 2017 Date of decision: 01.04.2025 M/s. Ambuja Cements Ltd. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioners : Mr. Vishal Mohan and Mr. Sunil Mohan Goel, Senior Advocate with Mr. Kulwant Chauhan, Mr. Abhinav M. Goel and Mr. Praveen Sharma, Advocates. For the respondents : Mr. Sikander Bhushan, Deputy Advocate General, for respondent No.1, 2 & 4-State. : Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajiv Sharma, Advocate, for respondent No.3-UOI. : Mr. Amitabh Rajat, General Manager (Legal) and Mr. Virender Thakur, Assistant Manager (Legal) of petitioner in- person. Jyotsna Rewal Dua, Judge Following order was passed in the matter on 24.03.2025:- “Learned Senior Counsel for the petitioner submits that while partially allowing and partially rejecting the claim of the petitioner for grant of transport subsidy on 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- 28.06.2016, the respondents-SLC under Transport Subsidy Scheme, 1971, did not give any opportunity to the petitioner to present its case. Petitioner is still willing to represent to the SLC about the justifiability of releasing complete transport subsidy in terms of its claims. Let learned Additional General to have instructions in the matter about giving an opportunity of hearing to the petitioner and for considering the case of the petitioner afresh for release of bills under Transport Subsidy Scheme, 1971. List on 01.04.2025.” 2. Pursuant thereto, learned Deputy Advocate General has placed on record office instructions dated 28.03.2025 from Director of Industries, Himachal Pradesh. Relevant portion of the same reads as under:- “However, in order to comply with the aforesaid observation/ direction of Hon'ble Court, a special request to representative of Union of India and other members of the Committee is being made to remain present at the time of personal hearing of the petitioner. As such, the representative of petitioner Sh. Rajendra Singh Kurmi, Plant Head, has been contacted through Phone-(89820-73542) and apprised of the direction of Hon'ble Court and he has shown his convenience to attend the hearing in the 4th week of April, 2025 and, for the consideration of Hon'ble Court, it is further submitted that thereafter the aforesaid officers are also required to attend the hearing and the same can only be feasible after apprising of specific date by the representative of the petitioner. In view of above detailed facts, It is, therefore, requested to apprise the Hon'ble Court and may be prayed to grant eight weeks' time to the respondent Department so that the Department, in the meantime, may comply with the directions in letter and spirit please.” 3. Since, the respondent-Industries Department has no objection for considering the case of the petitioner afresh -3- for release of claims under Transport Subsidy Scheme, 1971, after giving of opportunity of hearing to it, therefore, this writ petition is disposed of as under:- Notwithstanding Annexure P-1 dated 28.06.2016 (Proceedings of the meeting of State Level Committee on Transport Subsidy Scheme, 1971) partially accepting and partially rejecting the case of the petitioner for grant of Transport Subsidy, respondents No.1 to 4 are directed to consider the case of the petitioner for grant of Transport Subsidy afresh in accordance with Transport Subsidy Scheme, 1971, after giving an opportunity of hearing to the petitioner. This exercise be carried out within eight weeks from today. The order so passed be also communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. List for compliance on 04.06.2025. Jyotsna Rewal Dua 1st April, 2025 Judge (Pardeep)