Back
SANJAY KUMAR MEDHI
Narayani Minerals – Appellant
Versus
State Of Assam, rep. By The Secretary To The Govt Of Assam – Respondent
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
Claims for transport subsidy under the Transport Subsidy Scheme, 1971 should be processed without undue delay, and rejections based on administrative lapses are not permissible.
The main legal point established in the judgment is that the rejection of a claim for transport subsidy cannot be solely based on the ground of being time-barred, especially when the scheme itself do....
The court upheld the principles of promissory estoppel and legitimate expectation, ruling that the government must honor its prior subsidy commitments under the Transport Subsidy Scheme despite cance....
Late filing of a writ petition regarding previously settled claims prohibits reconsideration, reaffirming the principle of finality in administrative decisions.
Grant of transport subsidy - Requirements - Court not find that subsidy scheme covers such a situation. Court have reproduced relevant portion of scheme. The term “selected area” is defined as to inc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
