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2025 DAILYLAW 189213 (ALL)

M/S VINAYAK ROLLER FLOUR MILLS AND ANOTHER v. STATE OF U.P. AND ANOTHER

WRIC/5106/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 5106 of 2025 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri Mayank Kumar Agrawal, learned counsel for the petitioners and learned Standing Counsel for the State-Respondents. 2. The petitioners have preferred the present writ petition inter-alia with the following prayers:- "i. Issue a writ, order or direction in the nature of mandamus to issue a writ, order or direction in the nature of mandamus directing the respondents to remit and reimburse the balance amount of capital interest subsidy as provided in Clause 7.1.2 (B) of the Uttar Pradesh Food Processing Industry Policy, 2017 amounting to Rs.1,32,99,091/-; ii. to issue a writ, order or direction in the nature of certiorari quashing the decision (minutes of meeting) dated 24.12.2021 taken by the respondent No.1 to the extent of remittance of interest subsidy of amount Rs.375 Lakh only (and not on Rs.972 Lakh); or in alternative iii. to issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to decide the claim/representation of the petitioner dated 17.07.2023 for release of complete amount of interest subsidy as provided in Clause 7.1.2(B) of the U.P. Versus Counsel for Petitioner(s) : Mayank Kumar Agrawal Counsel for Respondent(s) : C.S.C. M/S Vinayak Roller Flour Mills And Another .....Petitioner(s) State of U.P. and Another .....Respondent(s) Food Processing Industry Policy, 2017;" 3. Though vide orders dated 7.3.2025 and 21.3.2025, learned Standing Counsel was granted time to seek instructions, till date no instructions were provided by the respondents. It appears from the record that for the reimbursement of the balance amount of capital interest subsidy as provided in Clause 7.1.2 (B) of the Uttar Pradesh Food Processing Industry Policy, 2017 amounting to Rs.1,32,99,091/-, a representation has been made by the petitioner dated 17.7.2023 before the 2nd respondent namely The Director, Department of Horticulture and Food Processing Government of Uttar Pradesh, 2, Sapru Marg, Lucknow. It is argued that though a considerable time has already lapsed but till date no decision has been taken. 4. On the other hand, it is also submitted by learned Standing Counsel that the respondent no.2 will take decision on the aforesaid representation expeditiously. 5. With the consent of learned counsels for the parties and without entering into the merits of the case, the present writ petition is disposed of finally permitting the petitioner to file fresh representation within a period of 3 weeks from today annexing the copy of the earlier representation dated 17.3.2023 and all other relevant papers and material on record reliance of which has been made before the respondent no.2. If such representation is filed, the respondent no.2 will consider and decide the same strictly in accordance with law within a further period of 6 weeks. 6. No order as to cost. October 29, 2025 Gaurav Kuls WRIC No. 5106 of 2025 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad