Moni Mukta Krikhi Seva Group (Asg) v. The State of Assam and 4 Ors

ORDER Date : 22-12-2023 Heard the learned counsel for the parties. This Court, vide order dated 12.06.2023, sought for instructions from the Standing Counsel, Agriculture Department, Assam, as to whether there is any scheme for providing tractors to self-help groups, or for providing financial assistance to self-help groups to purchase the tractors. Today Ms. G. Bora, learned Standing Counsel, Agriculture Department has produced before this Court the instructions received from the Director of Agriculture dated 21.12.2023. In the said instructions it is mentioned that there is a provision for financial assistance (Govt. subsidy) of 50%, or Rs. 2.5 Lakhs, whichever is less, for procurement of tractor (20 to 40 P.T.O. HP) by selected individual farmer or group of farmers under the component No. 3 of "Submission of Agricultural Mechanization" (SSC-SMAM) for the year 2023-2023. As per the said guidelines, the beneficiaries are selected by the District Level Committee (DLC), Page No.# 4/4 chaired by the respective District Commissioner. The said instructions are kept on record and marked with the letter "X". Mr. A. M. Khan, learned counsel appearing on behalf of the petitioner submits that taking into account the subsequent development, the petitioner would like to avail the said scheme by filing application before the District Commissioner, Goalpara, for availing the subsidy. He further submits that direction may be given to the concerned District Commissioner to duly consider the application to be submitted by the petitioner. Taking into account the above submission and in view of the fact that there is a scheme, which provides for financial assistance, as stated hereinabove, this Court grants liberty to the petitioner herein to apply before the District Commissioner, Goalpara, for availing the said benefit and in the circumstance the petitioner submits such application, the District Commissioner, Goalpara shall duly consider the said application in accordance with the guidelines of the said scheme. The instant writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010059852020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1913/2020o MONIoMUKTAoKRIKHIoSEVAoGROUPo(ASG)o HAVINGoITSoOFFICEoAToVILL-oSONAMOYEE,oP.O.oAOLATALI,oP.S.o LAKHIPUR,oDIST.-oGOALPARA,oASSAM,oREP.oBYoITSoSECY.oMONIRUZo ZAMAN,oAGEDoABOUTo38oYEARS,oS/O-oABULoBASHAR,oVILL-o SONAMOYEE,oP.O.oAOLATALI,oP.S.oLAKHIPUR,oDIST.-oGOALPARA,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,o AGRICULTURALoDEPTT.,oDISPUR,oGHY-6 2:THEoDIRECTORoOFoAGRICULTURE oASSAM oKHANAPARA oGHY-22 3:THEoDY.oCOMMISSIONER oGOALPARA oASSAMoCUMoCHAIRMANoDISTRICToLEVELoCOMMITTEEo(DLC) oGOALPARA oASSAM 4:THEoDISTRICToAGRICULTURALoOFFICER oGOALPARA oASSAM 5:TANVIoAGRICULTURALoSEWAoGROUP oREP.oBYoITSoPRESIDENT/SECY.oVILL-oAOLATULI oP.O.oAOLATULI oP.S.oLAKHIPUR oDIST.-oGOALPARA Page No.# 2/4 ASSAM PIN- 78312 Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : GA, ASSAM Linked Case : I.A.(Civil)/2091/2020 TANVI AGRICULTURAL SEVA GROUP REP. BY ITS PRESIDENT ANISUR RAHMAN AGED ABOUT 27 YEARS S/O. HAZI SEKENDAR ALI VILL. AOLATULI P.O. AOLATULI DIST. GOALPARA ASSAM VERSUS MONI MUKTA KRIKHI SEVA GROUP (ASG) AND 4 ORS. HAVING ITS OFFICE AT VILL. SONAMOYEE P.O. AOLATALI P.S. LAKHIPUR DIST.- GOALPARA ASSAM REP. BY ITS SECY. MONIRUZ ZAMAN AGED ABOUT 38 YEARS S/O- ABDUL BASHAR VILL. SONAMOYEE P.O. AOLATALI P.S. LAKHIPUR DIST. GOALPARA ASSAM 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM AGRICULTURE DEPTT. DISPUR GHY-6 3:THE DIRECTOR OF AGRICULTURE Page No.# 3/4 ASSAM KHANAPARA GHY-22 4:THE DY. COMMISSIONER GOALPARA ASSAM CUM CHAIRMAN DISTRICT LEVEL COMMITTEE (DLC) GOALPARA ASSAM 5:THE DISTRICT AGRICULTURAL OFFICER GOALPARA ASSAM ------------ Advocate for : MR. D A KAIYUM Advocate for : GA ASSAM appearing for MONI MUKTA KRIKHI SEVA GROUP (ASG) AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH