Patna High Court
Bhagwat SinghversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court directed the Union of India to sanction Rs 7,21,400 within 12 weeks and ordered NABARD to credit the amount to the petitioner forthwith.
Summary
Petitioner Bhagwat Singh filed a writ petition seeking a mandamus directing the Union of India and NABARD to release the balance subsidy of Rs 7,75,342, with 10% interest, that remained unpaid after an initial payment of Rs 3,75,000. The petitioner argued that the total subsidy of Rs 11,50,342 had been recommended and that the remaining amount should be paid without further delay. NABARD contended that Rs 7,21,400 had already been sanctioned on 10‑04‑2025 but required the Union’s sanction before release, and requested time to arrange payment. The Court examined whether the respondents were bound to sanction and release the subsidy and whether a writ of mandamus was appropriate. It directed the Union of India to sanction Rs 7,21,400 within 12 weeks and ordered NABARD to credit the amount to the petitioner’s account immediately thereafter. The petition was consequently disposed of.
Issues considered
- What relief, if any, can be granted by a writ of mandamus directing the Union of India and NABARD to release the pending subsidy amount?
- Whether the Union of India is obligated to sanction the remaining subsidy amount and whether NABARD must release it upon such sanction.
Subjects
- subsidy
- mandamus
- writ petition
- NABARD
- Union of India
- payment of subsidy
- interest
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7639 of 2023
======================================================
Bhagwat Singh Son of Vishnu Singh Resident of Village-Yusufpur, P.S.-
Khusrupur, District-Patna.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary Ministry of Finance Department
Govt. of India, New Delhi.
2. The General Manager, National Bank for Agriculture and Rural
Development (NABARD) Plot C-24, G Block, Kurla Complex B K C Road
Bandra East Mumbai Maharashtra 400051.
3. The Chief General Manager National Bank for Agriculture and Rural
Development (NABARD) Maurya Complex Block-B Forth Floor Dak
Bunglow Road, Patna-800001.
4. The regional Manager Bank of Baroda Satkar Hotel Patna.
5. The Branch Manager, Bank of Baroda Fatuha Branch, Devi Chak, Railway
Station Road, Post and P.S.-Faruha, District-Patna 803201.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Prasad, Advocate.
For the Respondent/s : Mr. Additional Solicitor General.
For the Resp. Nos. 1 to 3: Mr. Siddharth Prasad, Advocate.
For the Resp. Nos. 4&5 : Mr. Sanjeet Shankar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
7 09-02-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filed for the
following reliefs:-
“….for issuance of a writ in
the nature of mandamus or any
appropriate writ’s, order’s, direction
commanding the respondents for
direction to make payment of subsidy
amount of Rs. 7,75,342/- with 10%
interest per annum from the date of
Patna High Court CWJC No.7639 of 2023(7) dt.09-02-2026
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entitlement to the date of actual payment
against final subsidy recommended Rs.
11,50,342/- in which Rs. 3,75,000/- has
been paid dated 16.01.2021 and pass
such order or direction in the interest of
justice and ends of justice in the facts
and circumstances of the case.”
3. Learned counsel appearing on behalf of the
petitioner submits that out of total subsidy amount of Rs.
11,50,342/-, the Respondent-NABARD has sanctioned and
released an amount of Rs. 3,75,000/- which was paid to the
petitioner. That the balance amount of Rs. 7,75,342/- has not
been paid till date. Learned counsel submits that a direction may
be given to the Respondent-NABARD to release the above
amount of Rs. 7,75,342/- at the earliest.
4. Learned counsel appearing on behalf of the
Respondent-NABARD, on instructions, submits that the amount
of Rs. 7,21,400/- has already been sanctioned on 10.04.2025 and
the same will be released as and when the funds are sanctioned.
Learned counsel submits that the amounts have to be sanctioned
by the Union of India and seeks some time to make necessary
arrangements for paying the amounts to the petitioner.
5. Having regard to the above made submission, the
present writ petition is disposed of directing the Respondent-
Union of India to sanction the amount of Rs. 7,21,400/- as
Patna High Court CWJC No.7639 of 2023(7) dt.09-02-2026
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expeditiously as possible preferably within a period of 12 weeks
from the date of the receipt of the copy of this order. Once the
amounts are sanctioned, the Respondent-NABARD shall credit
the same to the account of the petitioner forthwith.
6. With the above directions, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
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