The High Court directed a fact-finding enquiry under Article 226 to determine subsidy eligibility due to conflicting reports about nursery completion status under the HMNEH Scheme.

JUDGMENT :

M. Choudhury, J.

Heard Mr. N.K. Murry, learned counsel for the petitioner; Mr. S.R. Baruah, learned Junior Government Advocate, Assam for the respondent no. 1; and Ms. R. Borah, learned Standing Counsel, Agriculture Department for the respondent nos. 2-5.

2. In this writ petition under Article 226 of the Constitution of India, the petitioner has inter-alia sought for a direction to the respondent authorities in the Agriculture Department, Government of Assam to release the due subsidy amount payable to the petitioner in terms of an Work Order dated 05.04.2019 issued in his favour by the respondent no. 4.

3. The Work Order dated 05.04.2019 was issued by the respondent no. 4 for establishment of a small nursery. By the Work Order, the petitioner was informed that his name had been enlisted in the provisionally selected beneficiary list for project-based activities [i.e. establishment of a small nursery] under the HMNEH Scheme – 2018-2019. The petitioner was asked to start the construction/establishment of the small nursery within the time frame [i.e. within 2 months] from the date of receipt of the Work Order. The petitioner was asked to prepare a Detail Project Report [DPR] in consultation with the concerned ADO/Technical experts of the Agriculture Department and to submit the same along with bills/vouchers, relevant documents, completion report, Bank Account details, etc. for onward submission for release of subsidy amount [DBT]. The petitioner was informed that the final release of subsidy would be subject to receipt of a satisfactory report from the Joint Inspection team only.

4. It is the case of the petitioner that after his enlistment in the provisionally selected beneficiary list and issuance of the Work Order on 05.04.2019, the petitioner proceeded to undertake all the necessary measures for establishment of a small nursery as per the advice/instruction and the supervision of the concerned Departmental authorities. The petitioner has stated that he had completed/executed the Work Order allotted in his favour by setting up a nursery, strictly in adherence to the terms and conditions of the HMNEH Scheme - 2018-2019.

5. After establishment/construction of the small nursery, a verification team consisting of [a] District Agriculture Officer, Cachar, [b] ADO, Arunachal, Cachar, [c] Senior Scientist and Head Krishi Vigyan Kendra [KUK] Cachar Arunachal, [d] SDAO Horticulture and [e] CS [K.V.K.] visited the small nursery of the petitioner located at Village – Ujjain Gram Borkhula, Cachar, Silchar, which he has named as Al-Amin Nursery. In the Joint Verification Report the team reported that the nursery of the petitioner was in the production stage with effect from the establishment stage and the visiting officials had subscribed their seals and signatures in the Joint Verification Report, which the petitioner has annexed as Annexure – 5 of the writ petition.

6. Thereafter, on the basis of the Joint Verification Report, the respondent no. 4 vide his Office Letter dated 17.03.2020 wrote to the respondent no. 3 informing that on the basis of the Work Order dated 05.04.2019, the enlisted beneficiary, that is, the petitioner had completed the work of the nursery and submitted bills/vouchers and other relevant documents for release of the subsidy amount admissible as per the Government norms. Informing so, the respondent no. 4 requested the respondent no. 3 to make arrangements for release of the Government’s share upon satisfaction. In the Office Letter dated 17.03.2020 the respondent no. 4 had observe