SCA/4380/1996 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4380 of 1996 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to civil judge ? ========================================================= MADHAV INDUSTRIES - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MS KJ BRAHMBHATT for Petitioner MS TANUJA KACHCHHI AGP for Respondents ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT 15th January, 2008 ORAL JUDGMENT The petitioner is a partnership firm having its manufactory situated at GIDC Estate, Junagadh. It is the claim of the petitioner that it was entitled to Government subsidy under the new Capital Investment SCA/4380/1996 2/3 JUDGMENT Subsidy Scheme, as modified by Government Resolution dated 24th September, 1990 [Annexure-A to the petition]. Accordingly, by order dated 9th October, 1995 made by the District Industries Center, Junagadh, the petitioner was sanctioned cash subsidy in the sum of Rs. 1,92,200/= on condition, inter alia, that the commercial production shall commence latest by 15th August, 1995. As the petitioner had admittedly failed to commence commercial production by 15th August, 1995, the aforesaid order dated 9th October, 1995 was cancelled by further order dated 22nd December, 1995. Feeling aggrieved, the petitioner has preferred the present petition under Article 226 of the Constitution of India. According to the petitioner, the commercial production could not start by 15th August, 1995 as the Gujarat Electricity Board failed to supply electrical connection till that date. However, on supply of electrical connection, the commercial production was commenced on 16th August, 1995, effectively within the stipulated period. It appears that pending this petition, by its Resolution dated 9th November, 1995, the State SCA/4380/1996 3/3 JUDGMENT Government had extended the date for commercial production. As disclosed in the counter affidavit, pending this petition, the petitioner has been paid subsidy in the sum of Rs. 1,15,350/=. The said amount has been received by the petitioner in two installments, each of Rs. 57,675/=. Alongwith the counter affidavit, the State Government has produced copy of the receipt for the aforesaid sum of Rs. 1,15,350/= given by the petitioner-industry. In above view of the matter, the grievance made by the petitioner stands substantially redressed. The cause of action does not survive. The petition is accordingly disposed of. Rule is discharged. The parties will bear their own cost. {Ms. R.M Doshit, J.} Prakash*