WP(C) 7084/2001 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. GN Sahewalla, learned senior counsel assisted by Ms S Kalita, learned counsel for the petitioner as well as Ms Sinha, learned CGC appearing for the re spondents. The petitioner, by the present petition, has prayed for a direction to the respo ndent authority to release the amount of Rs.3,70,669/- towards the transport sub sidy for the period from 1.9.1993 to 31.3.1995 contending inter alia that though pursuant to the transport subsidy scheme of 1971 the petitioner is entitled to the said amount for transporting mustard oil, oil cakes and various wheat produc ts like flour, atta, semolina etc., the said amount has not been paid to the pet itioner on the ground that the oil cake is not a finished product. Mr. Sahewalla, learned senior counsel for the petitioner during the course of ar gument has submitted that the respondent No. 5 namely; the North Eastern Develop ment Finance Corporation (NEDFi) in their Misc. Case No.818/2003 has admitted th at an amount of Rs.1,92,635/- has been deducted from the amount of Rs.3,70,669/- payable to the petitioner towards the transport subsidy as the said amount of R s.1,92,635/- was claimed towards the transport subsidy for transportation of oil cakes, the same being a by-product the petitioner is not entitled to transport subsidy. It has also been stated on oath that the said respondent was ready to p ay the balance amount of Rs.1,78,034/- towards the transport subsidy by deductin g Rs.1,92,635/-, on the basis of which this Court vide order dated 12.9.2003 dir ected the said respondent to release the said amount of Rs.1,78,034/- and accord ingly the petitioner has received the said amount. The learned Senior counsel placing reliance on the decision of the Apex Court in Civil Appeal No.3169/2009 filed by the present petitioner, has been submitted t hat the Apex Court has held that the oil cake is a finished product and therefor e under the transport subsidy scheme of 1971 the petitioner is entitled to such subsidy for transportation of such oil cake. The learned senior counsel, therefo re, submits that necessary direction be issued to the respondents to release the amount of Rs.1,92,635/- with interest. The learned CGC appearing for the respondents has submitted that the aforesaid a mount of Rs.1,92,635/- has been withheld as the oil cake is a by-product and not a finished product. According to the learned CGC under the transport subsidy sc heme of 1971 the transporter is entitled to the transport subsidy on raw materia ls and finished products only and not on by-products. Since the Apex Court vide its judgment and order dated 4.5.2009 passed in Civil Appeal No.3196/2009 (Jai Bhagwan Oil and Flour Mills vs. Union of India and othe rs) has held that the oil cake is a finished product and therefore under the tra nsport subsidy scheme of 1971 the transporter will be entitled to the transport subsidy, the present writ petition is disposed of with direction to the responde nts more particularly respondent No. 5 to release the aforesaid amount of Rs.1,9 2,635/- in respect of the oil cakes within a period of three months from today. With regard to the prayer of interest, I am not inclined to grant such prayer as the Apex Court has refused to grant such prayer in the aforesaid case. The writ petition is accordingly disposed of. No cost.