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2025 DAILYLAW 11776 (GAU)

SILCOORIE TEA ESTATE v. THE UNION OF INDIA AND 3 ORS

WP(C)/2469/2024 · 2025-02-04

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010092232024 2025:GAU-AS:1182 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2469/2024 SILCOORIE TEA ESTATE REPRESENTED BY ITS MANAGING DIRECTOR NIRAD KANT BAGLA, S/O PUSHPA KUMAR BAGLA, AGED ABOUT 50 YEARS, R/O SILCOORIE TEA ESTATE P.O.-SILCURI, DIST- CACHAR, ASSAM, PIN-788118 VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY MINISTRY OF COMMERCE AND INDUSTRY, GOVT. OF INDIA, NEW DELHI 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM INDUSTRIES AND COMMERCE DEPARTMENT AND CHAIRMAN OF STATE LEVEL COMMITTEE 3:THE DIRECTOR INDUSTRIES AND COMMERCE DEPARTMENT GOVT. OF ASSAM BAMUNIMAIDAM GUWAHATI ASSAM 4:GENERAL MANAGER DISTRICTS INDUSTRIES AND COMMERCE CENTRE CACHAR SILCHAR DIST-CACHA Advocate for the Petitioner : MS N SAIKIA, MR A SAIKIA,R BARMAN Advocate for the Respondent : SC, INDUSTRIES AND COMMERCE, MR. K GOGOI Page No.# 2/3 (CGC),DY.S.G.I. BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 05.02.2025 Heard Ms. N. Saikia, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC for the respondent No.1 and Mr. A. Kalita, learned Standing Counsel, Industries and Commerce, for the respondent Nos. 2, 3 and 4. 2. By this writ petition, the petitioner is praying for a direction to the respondent authorities to grant 30% of the Central Capital Investment Subsidy entitled to the petitioner in terms of the Central Capital Investment Subsidy Scheme, 2007. It is also the case of the petitioner that the General Manager, DICC, Cachar, Silchar by a communication dated 15.11.2014 had recommended the case of the petitioner for receiving the subsidy. Thereafter, certain documents were found to be required for considering the case of the petitioner to get the subsidy and accordingly the petitioner’s unit was informed on 31.03.2017 to submit the shortfall documents. 3. In response to the said letter, the petitioner’s unit submitted all the requisite documents before the Commissioner of Industries and Commerce on 05.04.2017. However, the State Level Committee (SLC in short) in its meeting held on 28.07.2023, rejected the case of the petitioner for want of all the documents which is mentioned in the minutes of the SLC meeting. 4. The learned counsel for the petitioner submits that the petitioner may be given an opportunity to submit all the documents mentioned in the minutes of the SLC meeting which was held on 28.07.2023. 5. Mr. A. Kalita, learned Standing Counsel, Industries and Commerce submits Page No.# 3/3 that if the petitioner’s unit furnishes all the required documents as indicated in the SLC meeting minutes held on 28.07.2023, the SLC would consider the case of the petitioner with regard to the grant of subsidy to the petitioner’s unit. However, such documents should be furnished to the concerned General Manager within a period of one week from today. Thereafter, the General Manager will take all steps for placing the case of the petitioner’s unit before the SLC. 6. Recording the submissions made by the learned counsel for the parties, this writ petition is disposed of directing the petitioner’s unit to place all the required documents indicated in the SLC meeting minutes held on 28.07.2023 before the General Manager, DICC, Cachar, Silchar/respondent No.4 within a period of one week from today. Thereafter, the respondent No.4 shall forthwith take steps to place the case of the petitioner’s unit before the SLC. The SLC shall thereafter consider the case of the petitioner with regard to the entitlement of the 30% subsidy in terms of the relevant guidelines. 7. Let such steps be completed within a period of three months from the date of receipt of a certified copy of the order of this Court. 8. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant