C.W.P. No.14101 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.14101 of 2009 Date of Decision.12.05.2010 M/s L.N. Navetia Oil and Cotton General Mills, Boha Road, Budhlada, District Mansa through its partner Shri Narinder Singh S/o Sh. Laxmi Narain Navetia. ........Petitioner Versus State of Punjab through Chief Secretary, Civil Secretariat, Punjab, Chandigarh and others ....Respondents Present: Mr. R.S. Bains, Advocate for the petitioner. Mr. Anil Kumar Sharma, Addl. A.G., Punjab for respondent Nos.1, 3 and 5 to 7. None for respondent No.3. Ms. J.K. Gurna, Advocate for respondent No.4. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The petitioner seeks through this writ petition the release of the central subsidy sanctioned to the petitioner by an order dated 22.11.2000. The entitlement of the petitioner itself is not in dispute in the written statement filed by the State. In para 16 of the written statement, it is contended as follows: “However, the Government of India, in their letter dated 16.09.2009, referred to their earlier letters and have asked C.W.P. No.14101 of 2009 -2- for information in respect of 10 units out of 47 units. Out of these 10 units, 9 pertain to respondent No.3 i.e. the Punjab Financial Corporation. One relates to General Manager, District Industries, Faridkot. The required information from General Manager, District Industries Centre, Faridkot has been received but information with regard to the remaining 9 units is awaited from the Punjab Financial Corporation (Respondent No.3). On receipt of this information from the Punjab Financial Corporation (Respondent No.3), the same will be supplied to the Government of India and the subsidy will be released to those units which are considered eligible for disbursement. It is further submitted that name of the petitioner unit as shown in the Annexure R-1, figures at Sr. No.48. Since the units senior in the list, have not been disturbed subsidy, so the petitioner unit has no cause of action. Hence, the writ deserves to be dismissed.” 2. Taking the contentions of the State Government, the 3rd respondent is directed to supply the information with regard to the remaining 9 units that includes the petitioner in the manner demanded by the Government of India in its communication dated 16.09.2009. Learned counsel for the petitioner points out that the Punjab Finance Corporation has been contending that they have repaid the loan which they have availed from the centre and there is no more duty on their part to give any information. The 3rd respondent is an instrumentality of the State and it is bound to C.W.P. No.14101 of 2009 -3- endeavour to secure such information as the Central Government requires in order that the subsidy is released to the petitioner. The communication of the Central Government was made as early as on 16.09.2009 and a direction is hereby given to the 3rd respondent to give such information as it is demanded to the 1st respondent within a period of four weeks from the date of receipt of copy of the order. The 1st respondent in turn shall secure the necessary sanction from respondent No.4 in the manner required within a further period of four weeks. The 4th respondent-Union of India shall take a decision within the afore-mentioned time from the date of communication received from the 1st respondent. The 1st respondent shall release the amount within a further period of four weeks if the Central Government-4th respondent takes a decision in favour of the petitioner without waiting for the Centre to release the funds. The same shall be paid, if the petitioner is found entitled and claimed from the Centre. 3. The writ petition is disposed of on the above terms. (K. KANNAN) JUDGE May 12, 2010 Pankaj*