2019 (4) TMI 2141 - HC - VAT and Sales Tax

Seeking release of power subsidy in terms of the Enterprises Promotion Policy-2015 - HELD THAT - It is deemed appropriate to dispose of the writ petition with a direction to respondents No.2 and 3 to examine the claim of the petitioner company against the backdrop of representation dated 04.02.2019 (Annexure P-13) and to take a final decision thereupon and to convey the same to the petitioner within a period of eight weeks from the date of receipt of certified copy of this order. It is however clarified that this Court has not ascertained the correctness of the averments made in the petition and has not opined as regards the claim of the petitioner company to be eligible for the power subsidy under the 2015 Policy. Petition disposed off.

Summary

Issues:
Petitioner seeking mandamus for power subsidy release under Enterprises Promotion Policy-2015.

Analysis:
The petitioner, a private limited company, filed a petition requesting a mandamus to direct the respondent, Uttar Haryana Bijli Vitran Nigam Ltd. (UHBVNL), to release the power subsidy as per the Enterprises Promotion Policy-2015. The petitioner claimed eligibility under the 2015 Policy but stated that the envisaged power subsidy had not been released despite raising the claim with necessary supporting documents. The counsel for the petitioner requested the writ petition's disposal with a direction for the concerned authority to examine the claim and make a final decision within a specified timeframe. The court found the counsel's submission just and reasonable.

The court decided to dispose of the writ petition by directing respondents No. 2 and 3 to review the petitioner company's claim based on the representation dated 04.02.2019 and make a final decision within eight weeks from the receipt of the court's order. However, the court clarified that it had not verified the accuracy of the petitioner's claims regarding eligibility for power subsidy under the 2015 Policy. The judgment emphasized that the court had not expressed any opinion on the petitioner's eligibility for the subsidy, leaving the decision to the concerned authorities.

In conclusion, the court disposed of the petition without determining the petitioner's eligibility for the power subsidy under the 2015 Policy. The judgment focused on directing the authorities to examine the claim and make a final decision within a specified timeframe, emphasizing that the court had not assessed the validity of the petitioner's assertions.