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M/S Vikash Udhoge vs State Of U.P. Trhu Sec. Finance And ...

High Court Of Judicature at Allahabad|21 June, 2010

JUDGMENT / ORDER

Hon'ble Rajesh Chandra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
Petitioner, before this Court, is stated to have been sanctioned a loan of Rs. 10,00,000/- for establishing a Rice Mill by the U.P. Khadi & Village Industries Board. Petitioner refers to a letter dated 23rd July, 2001 forwarded by the Manager/District Gramo-Udyog Officer, Mau, which records that margin money of 30% has been sanctioned in favour of the petitioner under the Special Rojgar Margin Money Scheme. For the purpose, the applicant belonging to the Other Backward Class Category/Backward Class Category/Scheduled Caste Category is required to deposit 5% of the margin money.
Learned counsel for the petitioner, with reference to paragraph-6 of the writ petition, submits that such 5% of the margin money was deducted at the time of release of the loan and therefore, there was no occasion for depositing 5% of the margin money separately. It is, however, contended that margin money has not been released in favour of the petitioner till date, although more than eight years have elapsed. Representation made by the petitioner in that regard has not been considered. Hence the present writ petition.
In the facts of the present case, we are of the considered opinion that issues raised require examination of the documents and satisfaction of the conditions for release of the margin money. It would be in the best interest of justice that the petitioner may be granted liberty to approach the respondent no.2 at the first instance for ventilation of his grievances.
Accordingly, the present writ petition is disposed of by providing that the petitioner may make a fresh representation, ventilating his grievances, supported by such documents, as may be advised, before respondent no.2 within two weeks from today, along with a certified copy of this order. On such representation being made, respondent no.2 shall consider and decide the same after summoning the original records, in accordance with law, by means of a reasoned speaking order, preferably within six weeks from the date the representation is made. All consequential action shall be taken thereafter without any further delay.
(Arun Tandon, J.) (Rajesh Chandra J.) Order Date :- 21.6.2010 Sushil/-
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Title

M/S Vikash Udhoge vs State Of U.P. Trhu Sec. Finance And ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
21 June, 2010