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Judgment
Arindam Sinha, J
Mr. Parida, learned advocate appears on behalf of petitioner and submits, his client received ‘go-ahead’ letter dated 21st August, 2020, valid till 21st August, 2022. His client had presented this writ petition on 17th February, 2021 because the bank had not proceeded with sanction of credit facilities for setting up Commercial Layer Farming Project, given ‘go-ahead’. The bank filed counter disclosing therein letter dated 1st February, 2021 rejecting his client’s application for grant of credit facilities. He submits further, the letter was not actually received by his client but discovered, as aforesaid, on disclosure in the counter.
The Department of Agriculture and Farmers’ Empowerment in the Government gave the ‘go-ahead’ letter. Text of it is reproduced below.
“Sri/Smt. KISHOR CHANDRA MAHAPATRA of, Category General, S/O D/O W/O KHALI MAHAPATRA AT –KEUTIBAHAL District – SAMBALPUR and Pincode – 768105 is allowed for an establishment of the Commercial Layer Farming Project under animal Resources Development sector in his/her field at Village Khubel, GP/Ri Circle CHARMAL, Block/Tehsil RAIRAKHOL, Dist SAMBALPUR. After the successful establishment and trial of the Project, he/she will be entitled to the Subsidy of 40% of the Project Cost (Fixed Capital) limited to Rs.50,00,000/- (in words: Rupees Fifty Lakhs only). He/She will execute the project through Bank finance. The project has to be completed by 2022-08-21.”
On query from Court Mr. Das, learned advocate, Additional Standing Counsel appears on behalf of State and submits, counter has not been filed.
Mr. Mohapatra, learned advocate appears on behalf of the bank. He is requested to serve copy of letter dated 1st February, 2021 on Mr. Das. Mr. Mohapatra serves copy of his client’s counter immediately to Mr. Das.
State through opposite party no.5 or any other competent officer will file counter, in view of the bank having rejected the application of petitioner for credit facility to set up the project as appearing from its letter dated 1st February, 2021 disclosed at page 30 of the counter. State is to explain either that its appreciation of petitioner’s potential by issuance of ‘go-ahead’ letter is good, in spite of reasons given by the bank in rejecting petitioner’s application or what appropriate steps it should take to see that petitioner is able to go ahead the project.
The counter is to be filed by 16th August, 2022, with copy served on petitioner as well as the bank through respective learned advocates.
List on 22nd August, 2022.
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