Court No. - 32
Case :- WRIT - C No. - 27193 of 2019
Petitioner :- Gulbadan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition, inter alia, has been filed for the following relief;
"(i) Issue a writ order or direction in the nature of mandamus commanding the direct to Respondent No.2 (The Joint Director of Agriculture (Engineering) Agriculture Bhavan Lucknow) and Respondent No.3 (Deputy Director of Agriculture Hamirpur District-Hamirpur) to pay the subsidy remaining amount rupees 3,12,696/- (Three Lacs Twelve Thousand Six Hundred Ninety Six) within reasonable period (two month) to the petitioner (Gulbadan Singh).
(ii) Issue a writ order or direction in the nature of mandamus commanding the Respondent No.2 (The Joint Director of Agriculture (Engineering) Agriculture Bhavan Lucknow) and Respondent No.3 (Deputy Director of Agriculture Hamirpur District-Hamirpur) and also to decide the application/representation dated 23.07.2019 made by the petitioner before the Deputy Director of Agriculture Hamirpur District-Hamirpur within reasonable period otherwise petitioner and his family members will suffer irreparable loss and injury."
Learned counsel for the petitioner has submitted that petitioner is a farmer who is duly registered in the Agricultural Department U.P. and also entitled for the benefit of Promotion of Agricultural Mechanization for in-situ Management of Crop Residues scheme. Learned counsel for the petitioner has referred to clause-B of the said scheme wherein it has been mentioned that if the petitioner bought one or more instruments/machines, he would get 50 per cent subsidy and in case, he bought three or more instruments/machines for the purpose of establishing Custom Hiring Center he would get 80 per cent subsidy on the purchase up to Rs. 10,00000/-. It is further submitted that petitioner has bought 3 instruments/machines worth of Rs. 4,99,520/- according to him he was entitled for 80 per cent subsidy of the said total amount but he had given subsidy of Rs. 76,920/-. Learned counsel for the petitioner also placed the bills dated 5.11.2012 for the purchase of the said instruments/machines. According to the said invoices instruments/machines namely Rotavator Spare Part LC and Zero Till Seed cum Fertilizer Drll worth of Rs. 1,49,520/- and the third instrument/machine - Paddy Straw Chopper Combo were purchased for Rs. 3,50,000.00/- on the same day i.e. 05.11.2012. Since he has purchased three instruments/machines, he is entitled for 80 percent subsidy.
Heard learned counsel for the parties and perused the record.
Perusal of clause-B of the said scheme shows that the petitioner is entitled for 80 per cent subsidy only when he purchases 3 or more instruments/machines for the purpose of establishing a Custom Hiring Center and the petitioner has already admitted that he has not purchased the instruments/machines for the purpose of establishing any Custom Hiring Center. Since the petitioner has not purchased the instruments/machines for the purpose of establishing Custom Hiring Center, he is not entitled for 80 per cent subsidy as provided under the said scheme. Thus the authority concerned granted only 50 per cent subsidy i.e. Rs. 76,920/-
on the purchase of two instruments/machines of Rs. 1,49,520/-.
In view of above, we do not see any merit in the petition.
This writ petition is, accordingly, dismissed.
Order Date :- 21.8.2019
A. Dewal