Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3991 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
W PMS/ 1 4 3 3 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. Suryakant Maithani, Advocate for the petitioner.
2. Mr. Devendra Pant, Standing Counsel for the State of Uttarakhand.
3. Petitioner is a proprietorship firm, which is engaged in solar power generation. According to the petitioner, Central Government had introduced Industrial Development Scheme, 2017 for Himachal Pradesh & Uttarakhand, under which some subsidy was to be provided to the entrepreneurs and petitioner submitted online application seeking benefit under the said scheme, however, he could not get his name registered because the offline application submitted by petitioner was not forwarded to the Central Government due to which petitioner is denied of the benefits under the said scheme.
4. By means of this writ petition, petitioner has sought the following reliefs: -
“I. To Issue a writ, order or direction in the nature of certiorari quashing impugned letter dated 30.07.2024 (Annexure No.1 to the writ petition, page no. 22 to 25), and impugned letter dated 09.11.2023 (Annexure No.2 to the writ petition, page no. 26 & 27), to the extent it has been applied to petitioner thereby rejecting registration of petitioner under I ndustrial Development Scheme, 2017. Any other relief
2026:UHC:3991 which this Hon'ble Court may deem fit and proper, may kindly be awarded in favour of the petitioner and against the respondents.
II. Issue a writ, order or direction in the nature of mandamus commanding respondents nos. 1 & 2 to forthwith register petitioner's application dated 31.03.2022 as being eligible under the Industrial Development Scheme 2017 and further order to allow the claim of the petitioner for grant of incentives and the consequential Central Capital I nvestment Incentive for access to Credit (CCIIAC) @30% of the investment expenditure incurred on the petitioner project and other benefits for which the petitioner is entitled.”
5.
Learned counsel for the petitioner relies upon a judgment rendered by learned Single Judge of Hon’ble Himachal Pradesh High Court in CWP No. 10600 of 2024 and other connected petitions and submits that this writ petition deserves to be decided in terms of that judgment. Paragraph no. 21 of the judgment rendered by Himachal Pradesh High Court in CWP No. 10600 of 2024is reproduced below: -
“21. Consequently, in view of the detailed
discussion made herein as well as law taken into
consideration, this Court finds merit in the present petitions and accordingly same are allowed with a direction to respondent Nos. 1 and 2 to place the matter before the Empowered Committee chaired by Secretary, DIPP, constituted in terms of Clause 6.1 of the Scheme, for registration expeditiously, preferably within a period of four weeks, without being influenced by letters dated 9.11.2023 and
30.07.2024. Needless to say, petitioners shall be granted incentives, as prayed for, in terms of the Scheme, if they are found eligible. Pending applications, if any, also stand disposed of. Interim
order, if any, is vacated.
6. Mr. Devendra Pant, learned Standing Counsel submits that since
facts are identical, therefore, this writ petition can be decided in terms of the
2026:UHC:3991
judgment rendered by Himachal Pradesh High Court in CWP No. 10600 of 2024. He submits that petitioner can be permitted to make representation to the Empowered Committed chaired by respondent no. 2 and the said committee can be directed to take decision on the application submitted by the petitioner, expeditiously.
7. Accordingly, the writ petition is
disposed of by permitting the petitioner to make representation, staking claim for subsidy under the aforesaid scheme. If he makes such representation within two weeks from today, the committee headed by respondent no. 2 shall take decision thereupon, as per law, within four months thereafter.
( Man oj Ku m ar Tiw ar i, J.)
21.05.2026
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