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2026 DAILYLAW 27334 (CHH)

JASPAL SINGH v. BANK OF MAHARASHTRA

WPC/5039/2021 · 2026-07-15

Shri Parth Prateem Sahu

body2026

Judgment text

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1 CGHC010313192021 2026:CGHC:30309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5039 of 2021 1. Jaspal Singh S/o Gurmel Singh Saini Aged About 33 Years R/o Sakin Farmer House, Gurunanak Nagar, Post Ravigram Raipur, Tahsil And District Raipur Chhattisgarh. ... Petitioner versus 1. Bank of Maharashtra Through Manager, Branch -Byron Bazar, Raipur Chhattisgarh. 2. Joint Director, Veterinary Services, District Raipur, Near Mandi Gata, District Raipur, Chhattisgarh. 3. Collector, District Raipur, Collectorate Premises, Raipur. 4. Livestock Development Department, Through Secretary, Mantralaya, Mahanadi Bhawan Nava Raipur Atal Nagar, Raipur, ... Respondents For Petitioner : Mr. Ayush Mittal, Advocate on behalf of Mr. Khulesh Sahu, Advocate For Respondent No.1 : Mr. Anumeh Shrivastava, Advocate For Respondent No.2 & 3 : Mr. Atanu Ghosh, Government Advocate SB: Hon’ble Mr. Justice Parth Prateem Sahu Order on Board 16/07/2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1) This Hon'ble Court may be pleased to direct the Respondent No. 1 to under-take necessary compliance(s) in a time- bound manner, so as, to SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 enable the Respondent No. 2 to process the subsidy as is due and payable to Petitioner; and 10.2) This Hon'ble Court may further direct the Respondent No. 2 to release the amount of subsidy, due and payable to Petitioner, in a time-bound manner; and 10.3) This Hon'ble Court may further direct the Respondent NO. 2 to make good the interest paid by Petitioners to the said respondent for the reason of non-grant of subsidy; and 10.4) This Hon'ble Court may direct an inquiry into the lapses of Respondent No. 1 which cause the present fiasco; and 10.5) That, this Hon'ble Court may kindly reckon the Grant and interest amount to remove of all sought of doubts in the mind of the Respondent Authorities in the interest of justice. 10.6) That, Cost of the petition may also kindly be awarded to the petitioner in the interest of justice, equity and good conscience. 10.7) Any other relief or relief(s) which this Hon'ble Court may think proper given the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel for petitioner would submit that with intention to promote dairy farming, State Government has launched a scheme known as ‘Rajya Dairy Udhyamit Yojna’ granting subsidy of 50% of total cost for establishment of dairy farm. Petitioner established a dairy farm by obtaining loan of Rs.12 Lakh from respondent No.1 Bank and thereafter applied for 3 grant of benefit of 50% subsidy under the Rajya Dairy Udhyamit Yojna along with all necessary documents as required to be submitted by beneficiary of grant. Respondent No.1 forwarded case of petitioner for grant of subsidy along with documents to respondent No.2. However, till date amount of subsidy is not sanctioned in favour of petitioner as a result petitioner is facing hardship in repayment of loan amount. 3. Learned Government Advocate appearing on behalf of respondent No.2 to 4 would submit that the case of petitioner was scrutinized to find out as to whether petitioner is eligible for benefit of subsidy under the scheme or not and on scrutiny, it was found that petitioner along with his application has not annexed ‘domicile certificate’ issued in his favour by the competent authority. Petitioner was duly informed vide letter dated 01.02.2020 in this regard, but he did not provide domicile certificate. He submits that benefit of the scheme can be extended only to the residents of the State of Chhattisgarh upon fulfillment of the conditions mentioned in application. 4. Heard learned counsel for the parties. 5. Perusal of letter dated 01.02.2020 (Annexure R-1) would show that petitioner has been informed that domicile certificate of Chhattisgarh submitted by the petitioner has not been issued by the competent authority and in stead 4 certificate of one Gurmail Singh Saini is enclosed, which is not acceptable. Petitioner has been directed to submit domicile certificate of Chhattisgarh issued in his favour by the competent authority. 6. In the format of application of the Rajya Dairy Udhyamit Vikas Yojna, at Sr. No.6 it is clearly mentioned about submission of ‘document regarding Chhattisgarh State resident’ 7. Learned counsel appearing on behalf of petitioner submitted that in response to letter dated 01.02.2020 (Annexure R-1), he is ready to submit a domicile certificate and proof of identity establishing petitioner’s status as resident of the State of Chhattisgarh. 8. Along with Covering Memo dated 11.5.2026, petitioner has placed on record, application dated 28.4.2026 stated to be submitted before the Joint Director, Veterinary Services, Raipur. This contains receipt seal of the office of Joint Director. Documents mentioned to be annexed with this application includes residence certificate of petitioner, issued by the Sarpanch, Gram Panchayat Pirda. 9. A certificate of residence issued by the Sarpanch cannot be stated to be a Chhattisgarh State resident certificate (Domicile Certificate) issued by the competent authority. The competent authority to issue Domicile Certificate is the Tahsildar or any other officer notified by the State Government. 5 10. In the above circumstances, this writ petition is disposed of at this stage, permitting the petitioner to submit domicile certificate duly issued in his favour by the competent authority before respondent No.2, in response to the letter dated 01.02.2020 (Annexure R-1). If petitioner submits domicile certificate issued by the competent authority, respondent No.2 shall take decision on the claim of petitioner for grant of subsidy under the Scheme expeditiously in accordance with law, preferably within a period of three months from the date of receipt of the certificate and other required documents. 11. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-