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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Ramesh Kumar Das – Appellant
Versus
Chief General Manager, NABARD, Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. petitioner's subsidy claim and background facts. (Para 1 , 2) |
| 2. petitioner's arguments on entitlement. (Para 3 , 4 , 5) |
| 3. court's reasoning on subsidy entitlement and procedural compliance. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. conclusion and dismissal of the writ petition. (Para 16 , 17 , 18) |
JUDGMENT :
SANJEEB K. PANIGRAHI, J.
1. The petitioner, in the present writ petition, assails the letter/order dated 11.01.2021 issued by Opposite Party No. 1 and seeks a direction to Opposite Party Nos. 1 to 3 for release of the subsidy amount of Rs. 1,12,000/-, stated to be payable under the Poultry Venture Capital Fund Subsidy Scheme, along with interest accrued thereon.
I. FACTUAL MATRIX OF THE CASE:
2. Succinctly put, the facts of the case are as follows:
(i) The petitioner is an agricultural farmer who, being motivated by the Poultry Venture Capital Fund Subsidy Scheme floated by NABARD in the year 2011 for economic upliftment of poor farmers in rural areas, sought to establish a commercial poultry unit.
(ii) Upon approval of the project, a loan of Rs. 3,01,320/- was sanctioned in his favour by the Balasore-Bhadrak Central Cooperative Bank Ltd. on 19.07.2012, a
Subsidy claims under the Poultry Venture Capital Fund are contingent upon strict adherence to procedural guidelines; failure to comply negates entitlement, especially after scheme closure.
Matters of damages cannot be assessed in summary manner and require a full-fledged adjudication, which is not typically undertaken in proceedings under Article 226 of the Constitution.
Procedural law must uphold substantive rights, and dereliction of duty by public authorities warrants judicial intervention to ensure timely justice and accountability.
Delay in project completion due to external factors like a pandemic does not justify denial of government subsidy under agricultural development schemes.
A delay in project completion caused by COVID-19 pandemic conditions is justifiable, and subsidy claims should not be denied based on arbitrary deadlines.
Eligibility for government subsidies under the TUFS scheme cannot be denied due to procedural lapses of the Nodal Bank, upholding the principle that accrued rights must be honored.
The main legal point established is that the entitlement to subsidies under the WBSSIS-2008 should be determined based on the specific provisions of the Scheme, and the refusal of subsidies based on ....
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