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2023 Supreme(Gau) 506

SANJAY KUMAR MEDHI
Narayani Minerals – Appellant
Versus
State Of Assam, rep. By The Secretary To The Govt Of Assam – Respondent


Advocates Appeared:
For the Petitioners: Shri D.K. Mishra, Shri R.K. Agarwalla.
For the Respondents: Shri A. Kalita, Shri B. Gogoi, Shri G. Das, Shri R.K.D. Choudhury.

JUDGMENT :

1. The extraordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is sought to be invoked by means of this writ petition whereby a challenge has been made to the rejection of the claim for transport subsidy in terms of a scheme of the Government. The petitioners claim that all the conditions under the scheme were duly fulfilled and after detailed scrutiny, the entitlements of the petitioners were confirmed whereafter the impugned rejection has been made.

2. Before going to the issue to be decided, it would be convenient to narrate the basic facts of the case.

3. The petitioner no. 1 is a registered proprietorship firm and the petitioner No. 2 is the proprietor of Petitioner no. 1. The petitioners carry on the business of manufacture of Fireclay, Bauxite powder, Soap stone powder, Bentonite powder and siliminite powder. As a part of their business, the petitioners have been acquiring and transporting raw materials from Meghalaya and have been using the same in the process of manufacturing of its products.

4. It is the case of the petitioners that under the Subsidy Scheme of the Central Government, the petitioner no. 1 is entitled to, aga

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