Jannu Sunitha Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Jannu Sunitha Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No. 2 to expedite payment of the subsidy amounts to the petitioner within three (03) months from receipt of a copy of the order; no order as to costs.

Issue for consideration

Whether the failure/inaction of respondent Nos. 1 to 4 in sanctioning and releasing the investment subsidy under the T-Pride (TSCP) Incentives Scheme on the petitioner's three TS-IPASS applications, despite the DIC's recommendations, was illegal and arbitrary. +1 more

Ratio / Principle

Recording the Assistant Government Pleader's submissions, the Court disposed of the writ petition by directing respondent No. 2 (Commissioner, Industries and Commerce) to expedite payment of the subsidy amounts to the petitioner within a period of three (03) months from the date of receipt of a copy of the order.

Key takeaways

With the above observations the writ petition stands disposed of; there shall be no order as to costs (and miscellaneous petitions, if any pending in the writ petition, were directed to stand closed).ratio¶67

Detailed headnote1 paragraphs

High Court for the State of Telangana (Hon'ble Sri Justice N.V. Shravan Kumar), W.P. No. 35729 of 2025, decided 09-12-2025: Jannu Sunitha, a Scheduled Castes businesswoman of Paidipally village, Warangal, who bought one JCB (TS 03 FB 9879) and two goods tippers with finance from respondent No. 5 (Mahindra & Mahindra Finance Ltd.), sought mandamus for sanction/release of T-PRIDE (TSCP) investment subsidy on her three TS-IPASS applications (INC20211006133418 dt. 06-10-2021; INC20230415215032 and INC20230415215033 dt. 15-04-2023). Per the Government's instructions: the JCB subsidy of Rs. 10,63,313 was sanctioned 09-12-2021 and release proceedings issued 20-04-2023; a cheque prepared 04-11-2023 went unencashed for want of funds, and as RTA records showed the vehicle sold/transferred before completion of six years from registration (26-07-2021), release was barred under the scheme guidelines and to be cancelled. For the tippers (registered 13-01-2023), applications were forwarded 22-07-2023 recommending Rs. 22,71,714 and Rs. 22,62,064, and the State Level Committee sanctioned Rs. 22,49,222/- (printed also as Rs. 22,49,222.40) on 19-04-2024, budget pending. Alleged non-release had caused EMI defaults and seizure of the vehicles by the financier. Recording these submissions, the Court disposed of the writ petition, directing respondent No. 2 to expedite payment of the subsidy amounts within three (03) months from receipt of a copy of the order; no costs; pending miscellaneous petitions closed.

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IN THE HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY^FIVE

PRESENT

THE HONOURABLE SRI JUSTICE^{N.V.SHRAVAN KUMAR}

WRIT PET ITION NO: 35729 OF²⁰²⁵

Between:

Jannu Sunitha, W/o Kumara^{Swamy, Agedabout 40 years, Occ;Business' R/o H.} No. 5-41, Paidipally Village,^{WarangalMandaland District.}

.....PETITlONER

AND

The State of Telangana, Rep.^{by its Principal Secretary, lndustries and} Commerce Department Secretariat,^Hyderabad.

The Commissioner, lndustries^{and Commerce Department, TelanganaState} at Hyderabad.

The District Collector,^{WarangalDistrict.}

"The General Manager,^{District lndustriesCenter,Warangal, WarangalDistrict'}

The Branch Manager, Mahindra^{and Mahindra Finance Ltd.'Srinidhi} Hussain's Plaza D6or No. 15-2-39,^{Mulugu Road, WarangalBranch,} Telangana State.

.....RESPONDENTS

Petition Under Article 226 of^{lhe constitutionof lndia prayingthat in the} circumstances stated in the^{affidavit filedtherewith,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 RespondentsNo.'l} to 4 in sanction and releabe^{investment subsidyunderT-Pride(TSCP)lncentives} scheme to the Petitidner,. as ,per^{the TS-IPASS Application NoS'} I NC2023041 52^I 5033,^{DT.1 5-d4-2023,1Nc2023041521 5032,Dt.1 5-0 4-2023and} tNc20211006133418 DT.^{06-.10,.*?21is illegal, arbitrary and in violation of} violation of Principles of^{Natural Justiceand also in violation of Article 14, 19 and} 21 of constitution of^{lndia'-6nd alsoviolationof principlesof naturaljustice,}

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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-042023, 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 filedⁱⁿ 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$,

a)

IN THE^{HIGH COURT FOR THE STATEOF TELANGANA} AT HYDERABAD

THE HONOURABLE^{SRI JUSTICEN.V.SHRAVANKUMAR}

WRIT PEIITION No.35729 of'2O25

Date: 09 .12.2025

Between:

Jannu^Sunitha.

...Petitioner

AND

The State^{of Telangana,}

Rep. by^{its PrinciPal SecretarY,}

lndustries^{and Commerce Department,}

Secretariat,^{Hyderabad& four others.}

..ResPondents

OBDER:

..in: : i-li,|ii..:'. . '1,r..i..: -. .:-l::.. . l) ._..r

sri Rapolu Bhaskar, learned counsel for^the -*o petitioner, Sri^{K.Shantan Rao, learned Assistant Government} Pleader for^{Industriesand Commerceappearing for respondent} Nos.l, 2 & 4^{and learned Assistant Government Pleader for} Revenue appearing^{for respondent No.3.}

2 This writ^{petition,isfiled seeking the following the relief:}

't.^{t":#'the inaction of respondent inaction of respondent of respondent respondentNos.l to 4 4 in} and^{release investment subsidy undersubsidy underunder} : / / I I

"...declaring^{the inaction of respondent inaction of respondent of respondent respondentNos.l to 4 4 in} sanction and^{release investment subsidy undersubsidy underunder}

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..."

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 i: No.2 recommending sanction ,.'.,'ttr.of .the investment subsi dy uid.eletter No.col/INC:202110061334/6MREC-IS, dated 22.tt.2o2r, and

(--',

letters bearing Nos. INC2 02340 152 15032 and

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

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

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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 \

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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 was the T-PRIDE Scheme and that the subsidy application 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 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 i. Director of lndustries has sanctioned an amount of , .{#, Rs,22,49,222.4O/- on 19.04.2024 and the budget was not^yet

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released by the Government for release of Investment subsidy amount.

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.

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.

SD/.P.PONNA KRISHNA STANT REGISTRAR /TRUE COPY//

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SECTION OFFICER To 1. The Prittcipal Secreta ry,^{ln{ustriesand Comme} partment Secretariat, State of Telangana at Hyderabad.' 2. The Cornmissioner, lndustries and Commerce rtment, Telangana State j *S at Hyde'abad.

The^Dis:rict Collector,^Wardngdt District.

I

The General Manager,^{District lndustries Center, Warangal, WarangalDistrict.} 5. The Branch^{Manag-er,[t/ahindra and [t/ahindraFin.anceLtd.,Srinidhi} Hussain's Plaza D"oor^{No. 15-2-39, tVlulugu Road;WarangalBranch,} Telangana State.

Two i6s to GP^{FORINDUSTRIES AND COMMERCE,High Courtfor the} State of Telangana at^Hyderabad. IOUT]

Two CCs to GF^{FORREVENUE, High Court for the Stateof Telanganaat} Hyderabad. [OUT]

Oire CC to SRI^{RAPOLU BHASKAR, Advocate} [OPUC]

Two CD Copies

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HIGH COURT

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DATED:t09/1 212025

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ORDER

WP.No.35729 of 2025

DISPOSINIG OF THE W.P

WITHOU COSTS