The High Court · 2025
Case Details
Acts & Sections
3. The District Collector, Warangal District. 4. "The General Manager, District lndustries Center, Warangal, Warangal District' 5. The Branch Manager, Mahindra and Mahindra Finance Ltd.' Srinidhi Hussain's Plaza D6or No. 15-2-39, Mulugu Road, Warangal Branch, Telangana State. .....RESPONDENTS Petition Under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of ,writ of mandamus declaring the inaction of the Respondents No. 'l to 4 in sanction and releabe investment subsidy under T-Pride(TSCP) lncentives scheme to the Petitidner,. as ,per the TS-IPASS Application NoS' I NC2023041 52 I 5033, DT. 1 5-d4-2023, 1Nc2023041 521 5032, Dt. 1 5-0 4-2023 and tNc20211006133418 DT. 06-.10,.*?21 is illegal, arbitrary and in violation of violation of Principles of Natural Justice and also in violation of Article 14, 19 and 21 of constitution of lndia'-6nd also violation of principles of natural justice, consequently direct the Respondents No. 1 to 4 to sanction and release investment subsidy under T-Pride(TSCP) lncentives scheme to the Petitioner by considering tlre TS-IPASS Application Nos.lNC2O23O)415215033, DT. 1S-04- 2023, INC20230415215032, Dt. 1510412023 and 1NC20211000133418 DT. OOl10l2O21 to the Petitioner. l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Re:rpondent No. 1 to 4 to consider the TS-lPASS Application Nos. 1NC20230415',.215033, DT. 15-04-2023, 1NC20230415215032, Dt. 15-04-2023 and lNC2021 1006133418 DT. 06-'10-2021 and process the Petitioner's ctaim under T- Pride(TSCP) lncentives scheme to the Petitioner as per the TS-lpASS, pending disposal of the, writ petition. Counsel for ttre Petitioner : SRI RAPOLU BHASKAR Counsel for ttre Respondent Nos.1 , 2 & 4: SRI K.SHANTAN RAO, AGP FOR INDUSTRTES AND COMMERCE Counsel for ttre Respondent No.3 : AGP FOR REVENUE Counsel for ttre Respondent No.5 : -- The Court marle the following ORDER t' ,o't$, I I a) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PEIITION No.35729 of'2O25 Date: 09 .12.2025 Between: Jannu Sunitha. AND The State of Telangana, Rep. by its PrinciPal SecretarY, lndustries and Commerce Department, Secretariat, Hyderabad & four others. ...Petitioner ..ResPondents OBDER: ..in: : i-li,|ii..:'. . '1,r..i..: -. . l) ._.. r .:-l::.. , .,,,, sri Rapolu Bhaskar, learned counsel for the -*o petitioner, Sri K.Shantan Rao, learned Assistant Government Pleader for Industries and Commerce appearing for respondent Nos.l, 2 & 4 and learned Assistant Government Pleader for Revenue appearing for respondent No.3. 2 This writ petition,is filed seeking the following the relief: 't. t":#' "...declaring the inaction of respondent Nos.l to 4 in sanction and release investment subsidy under / / : I I T-P.ide(TSCP) Incentives scheme to the petitioner as per the TS-IPASS Application Nos.rNC2o23o4rs215033, date'd 15.O4.2023, INC20230 4t5215032, dated 15.ct4.2023 and INC202 1 1006r33418 dated 06.10.2o2r as ;llegal, arbitrary and in violation of principles of nattrral justice and also in vioration of Articre 14, 19 and 2l of constitution of India and consequently direct respondent Nos' 1 to 4 to sanction and release investment subsidy under T-pride(TSCp) Incentives sche'me to the petitioner by considering the TS-IpASS App ication Nos.tNC2O23O41S21SO33, dated 15.C4.2023, INC2023O4LS21SO32, dated 15.O4.2023 and INC2021r006r33418 dated 06.ro.2o2r to rhe Petitioner..."
3. The l>rief facts of the case, as stated in the writ petition, are that the pt:titioner craims to be a scheduled caste woman and is entitled to the benefits under the T-pride scheme had purchased one JCB, earth moving vehicle uid"e bearing No.TS 03 FB 9879 and two Goods Transport Tippers uid.e bearing Nos.TS 24 TA09g3 and TS 24 TA 11984 by availing financial assistance from respondent No.S. It is submitted that the petitioner had made TS_IPASS applications bearing Nos. INC2023 o4ls21so33, dated 15.04.2023, INC2023o4rs21s032, dated rs.o4.2023, and INC2021 1006I33418, dated 06. 10.2021, through onrine claiming investment subsidy under T-pride (Tscp) Incentive Scheme. Subsequenl-ly, respond'ent , No.4 addressed letters to respondent No.2 recommending sanction of .the investment subsi dy uid.eletter No.col/INC:202110061334/6MREC-IS, dated 22.tt.2o2r, and ,.'.,'ttr. i: (--', letters bearing Nos. INC2 02340 152 15032 INC20234O15215033, dated 15.04.2023. However, no action has been taken and no subsidy was sanctioned or released till date. It is further submitted that due to non-sanction and non-release of the investment subsidy under the T-Pride Scheme, the petitioner failed to pay EMIs and loan amounts to respondent No.S for the said vehicles, as a result of which respondent No.S seized the petitioner's vehicles. It is further submitted that despite the lapse of several years, respondent Nos.l to 4 have failed to release the sanctioned investment subsidy, without assigning any valid reason. Aggrieved by the same, this present writ petition is filed
4. Learned Assistant Government Pleader for Industries and Commerce has placed a copy of instructions issued by the General Manager, DIC Warangal, wherein it is submitted that the petitioner had purchased the JCB on 30.06 .202L and was registered on 26.07.2021, bearing registration No.TS 03 FB 9879 and applied for incentives on O6.LO.2O2| under the T-PRIDE Scheme and that the subsidy application was processed and forwarded to the Director of Industries, Hyderabad on 22.11.2021 by the General Manager; DIC, Warangal recommending for sanction of investment suQStS, of Rs.10,63,3 13/-. Subsequently, the State Level Committee meeting was held in the Office of I / I! ( Director .f Industries sanctioned the said amount on og.r2.2o2r and the proceedings were issued towards release of subsidy amount of Rs. 10,63 ,3r3 /-by the Director of Industries, Hyderabarl on 20.04.2023, with instructions to the General Manager, DIC, Warangal to verify the working status of the vehicle as per the guiderines. Thereafter, the Genera_l Manager, DIC, warangal inspected the unit and recommended for release of subsidy on 22.06.2023. Subsequently, the office of the Director of Industries, Hyderabad had prepared the cheque on 04.1 1 .2023 and forwa.ded to the finance department. It is further submitted that due t, lack of funds, the cheque was not encashed and the subsidy wets not released. Thereafter, on availability of funds, it was once again redirected to the General Manager, DIC, warangal to verify anc send the present working status of the unit to rerease the subsidy amount. Petitioner had tailed to produce the vehicle. It is further srrbmitted on verification in the RTA portal, it was found that the vehicle was sold out and transferred to other person. As per the guictelines under the T-pRIDE scheme, since the unit has been sold o:rt and transferred.before compretion of six (06) years from the date of registration i.e., 26-0r-202r, the release of rncentives does not arise 31^$.the release of subsidy shail be cancelled as per the procedure. It is further submitted that the \ petitioner had purchased goods carriage on 09.0L.2O23, and the vehicle was registered on 13.01.2023 bearing registration No.TS 24 TA 0983 and applied for incentives on 15.O4.2O23 under the T-PRIDE Scheme and that the subsidy application was processed and forwarded to the Director of Industries, Hyderabad on 22.07.2023 by the General Manager, DIC, Warangal, recommending for sanction of investment subsidy of Rs.22,71,7141- Subsequently, the State Level Committee meeting was held in the Office of the Director of Industries, has sanctioned an amount of Rs,22,49,2221- on L9.O4.2024, but the budget was not yet released by the Government for release of investment subsidy amount. It is further submitted that the petitioner had purchased goods carriage on 09.0L.2O23, was registered on 13.O1.2023 bearing registration No.TS 24 TA 0984 and applied for incentives on 15.04.2023 under the T-PRIDE Scheme and that the subsidy application was processed and t I forwarded to the Director of Industries, Hyderabad, on 22.07.2023 by the General Manager, DlC, Warangal recommending for sanction of investment subsidy of Rs.22 ,62,064 /-. Subsequently, the State Level Committee., meeting was held in the Office of the Director of lndustries i. , .{#, sanctioned an amount of Rs,22,49,222.4O/- on 19.04.2024 and the budget was not yet Ia I '1 I I released by the Government for release of Investment subsidy amount.
5. Learned Assistant Government pleader for Industries and commerct:, submits that some more time period may be granted to the restpondent authorities to release the subsidy amount in favour of r.he petitioner and accordingly, prays this court to pass appropriate orders.
6. Recording the above submissions, the writ petition is disposed of by directing respondent No.2 to expedite the subsidy amounts trr be paid to the petitioner within a period of three (03) months from the date of receipt of a copy of this order. 7 'with the above observations, this writ petition is disposed of. There shall be no order as to costs Miscellaneous petitions, if any, pending in this writ petition shall stand closed. /TRUE COPY// \ To
1. The Prittcipal Secreta State of Telangana at at Hyde'abad. ry, ln{ustries and Comme Hyderabad.' j *S
2. The Cornmissioner, lndustries and Commerce
3. The Dis:rict Collector, Wardngdt District. SD/.P.PONNA KRISHNA STANT REGISTRAR SECTION OFFICER partment Secretariat, rtment, Telangana State
4. The General Manager, District lndustries Center, Warangal, Warangal District. 5. The Branch Manag-er, [t/ahindra and [t/ahindra Fin.ance Ltd., Srinidhi Hussain's Plaza D"oor No. 15-2-39, tVlulugu Road; Warangal Branch, Telangana State. 6. Two i6s to GP FOR INDUSTRIES AND COMMERCE, High Court for the 7. Two CCs to GF FOR REVENUE, High Court for the State of Telangana at 8. Oire CC to SRI RAPOLU BHASKAR, Advocate [OPUC] 9. Two CD Copies State of Telangana at Hyderabad. IOUT] Hyderabad. [OUT] I SA GJP v ). ',*trf,' - f,-,r, HIGH COURT \ t DATED:t09/1 212025 ORDER WP.No.35729 of 2025 { I I s E mF8 c0 T * DISPOSINIG OF THE W.P WITHOU COSTS , , i I I