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2026:UHC:3991

Office Notes,

reports, orders

or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with

Signatures

WPMS/ 1433/ 2026

Hon’ble Manoj Kumar Tiw ari, J.

Mr. Suryakant Maithani, Advocate

for the petitioner.

2. Mr. Devendra Pant, Standing

Counsel for the State of Uttarakhand.

3. Petitioner is a proprietorship firm,

which is engaged in solar power

generation. According to the petitioner,

Central Government had introduced

Industrial Development Scheme, 2017

for Himachal Pradesh & Uttarakhand,

under which some subsidy was to be

provided to the entrepreneurs and

petitioner submitted online application

seeking benefit under the said scheme,

however, he could not get his name

registered because the offline

application submitted by petitioner was

not forwarded to the Central

Government due to which petitioner is

denied of the benefits under the said

scheme.

4. By means of this writ petition,

petitioner has sought the following

reliefs:-

“I. To Issue a writ, order or direction in

the nature of certiorari quashing impugned

letter dated 30.07.2024 (Annexure No.1 to the

writ petition, page no. 22 to 25), and impugned

letter dated 09.11.2023 (Annexure No.2 to the

writ petition, page no. 26 & 27), to the extent it

has been applied to petitioner thereby rejecting

registration of petitioner under Industrial

Development Scheme, 2017. Any other relief

2026:UHC:3991

which this Hon'ble Court may deem fit and

proper, may kindly be awarded in favour of the

petitioner and against the respondents.

II. Issue a writ, order or direction in the

nature of mandamus commanding respondents

nos. 1 & 2 to forthwith register petitioner's

application dated 31.03.2022 as being eligible

under the Industrial Development Scheme 2017

and further order to allow the claim of the

petitioner for grant of incentives and the

consequential Central Capital Investment

Incentive for access to Credit (CCIIAC) @30%

of the investment expenditure incurred on the

petitioner project and other benefits for which

the petitioner is entitled.”

5. Learned counsel for the petitioner

relies upon a judgment rendered by

learned Single Judge of Hon’ble Himachal

Pradesh High Court in CWP No. 10600 of

2024 and other connected petitions and

submits that this writ petition deserves

to be decided in terms of that judgment.

Paragraph no. 21 of the judgment

rendered by Himachal Pradesh High

Court in CWP No. 10600 of 2024is

reproduced below:-

“21. Consequently, in view of the detailed

discussion made herein as well as law taken into

consideration, this Court finds merit in the present

petitions and accordingly same are allowed with a

direction to respondent Nos. 1 and 2 to place the

matter before the Empowered Committee chaired by

Secretary, DIPP, constituted in terms of Clause 6.1

of the Scheme, for registration expeditiously,

preferably within a period of four weeks, without

being influenced by letters dated 9.11.2023 and

30.07.2024. Needless to say, petitioners shall be

granted incentives, as prayed for, in terms of the

Scheme, if they are found eligible. Pending

applications, if any, also stand disposed of. Interim

order, if any, is vacated.

6. Mr. Devendra Pant, learned

Standing Counsel submits that since

facts are identical, therefore, this writ

petition can be decided in terms of the

2026:UHC:3991

judgment rendered by Himachal

Pradesh High Court in CWP No. 10600

of 2024. He submits that petitioner can

be permitted to make representation to

the Empowered Committed chaired by

respondent no. 2 and the said

committee can be directed to take

decision on the application submitted

by the petitioner, expeditiously.

7. Accordingly, the writ petition is

disposed of by permitting the petitioner

to make representation, staking claim

for subsidy under the aforesaid scheme.

If he makes such representation within

two weeks from today, the committee

headed by respondent no. 2 shall take

decision thereupon, as per law, within

four months thereafter.

(Manoj Kumar Tiw ari, J.)

21.05.2026

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