ADROIT INFRATECH PRIVATE LTD v. STATE OF HP AND ANR.
CWP/2709/2024 · 2025-12-11
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38097 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38097 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:43202 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 2709 of 2024 Decided on : 11.12.2025 Adroit Infratech Private Ltd. …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Vishal Mohan, Senior Advocate, with Mr. Praveen Sharma, Advocate. For the respondents : Mr. R.P. Singh, Deputy Advocate General, for respondents No.1 &
2. Mr. Vedhant Ranta, Advocate, for respondent No.3. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“A) That this Hon’ble Court be pleased to issue writ in the nature of Certiorari and quash the impugned orders/letter dated 08.10.2018 (Annexure P-10) issued by Ld. Respondent No 2 whereby the claim of the 1Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:43202 petitioner was rejected. B) That this Hon’ble Court may kindly be pleased to issue writ in the nature of Mandamus and direct the Respondents to release the subsidy to the petitioner to which is entitled as per the scheme of the Government in respect of the time.”
2. When this case was taken up for consideration today, learned Senior Counsel appearing for the petitioner has drawn the attention of the Court to the instructions, which were imparted on 26.12.2024 by Director of Industries to the Office of learned Advocate General and submitted that in light of the contents thereof, this petition can be allowed.
3. The relevant portion of instructions dated 26.12.2024 imparted by the Director of Industries to the Office of learned Advocate General, reads as under:-
“In this regard, it is submitted that a reference was made to DPIIT with regard to the grievance of the petitioner and requesting, therein, to clearly state stand of the Ministry in the instant matter vide letter dated 28.05.2024 and in response. thereof, the DPIIT, vide letter dated 05.07.2024, intimated that power to approve the claims under Central Capital Investment Subsidy (CCIS)
3 2025:HHC:43202 scheme, 2013 rests with the State Level Committee (SLC), constituted under the scheme, and, further, advised the department to file reply to the CWP as per
facts available with the Department. However, this Department had made further reference to DPIIT seeking special permission for convening the meeting of SLC, constituted under CCIS, 2013, as the validity of the said scheme and the SLC constituted, there under, had expired on 31.03.2017 (Annexure-A) and the DPIIT, vide letter dated 05.08.2024, had conveyed its approval for convening the meeting of State Level Committee, constituted under the then Central Capital Investment Subsidy (CCIS) scheme, 2013 with further advice to examine the case as per the scheme notification/guidelines and as per the facts available before grant of approval of claim of the unit by the Committee. In pursuance to the said permission, a meeting of State Level Committee (SLC), on Central Capital Investment Subsidy Scheme (CCIS), 2013, in respect of M/s "Hotel Inclover (a unit of M/s Adroit Infratech Pvt. Ltd.), was held on 04.12.2024 and the Committee recorded its decision as under:-
"The details of the case were deliberated upon in
4 2025:HHC:43202 detail by the Committee and the Committee was of the opinion that case of the unit should not have been rejected as the provisions of Section 118 of HP Tenancy & Land Reform Act, 972 are not attracted in the facts involved in this case. The Committee was also of the opinion that the case is complete as per requirements of CCIS-2013 and the unit is eligible for grant of Rs. 50,00,000/- maximum limit (eligible amount of investment in P&M of Rs. 4,47,23,896/-) subject to specific directions of Hon'ble High Court in CWP No. 2709/2024 as in absence of specific directions, the DPIIT may not be in a position to release the subsidy amount since the scheme has already closed on 31.03.2017 with no scope of further approval of additional funds by the competent authorities at the level of Department for Promotion of Industry and Internal Trade (DPIIT)" (Annexure- B).””
4. Having heard learned Senior Counsel for the petitioner as well as learned Deputy Advocate General and
learned counsel for respondent No.3, this petition is disposed of with the direction that in light of these instructions, the rejection
5 2025:HHC:43202 of the claim of M/s Hotel Inclover at Kotwali Bazar, Dharamshala, District Kangra, H.P., is set aside and the Authorities are directed to take fresh call on the same, in light of the contents of the instructions. Let needful be done, within a period of three weeks from today. Pending miscellaneous application(s), if any, also stand disposed of accordingly.
(Ajay Mohan Goel) Judge
December 11, 2025 (Shivank Thakur)