M/S Sona Biscuits Limited v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9325 of 2017 ====================================================== M/s Sona Biscuits Limited S/o Late Rajendra Kumar Agrawal, R/o Duga Marine Flat No. A- 906 Dujra Rajapool Road, Patna- 800001. ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Chief Secretary, Patna 2.

The Development Commissioner, Government of Bihar, Patna. 3.

Principal Secretary, Department of Industries, Government of Bihar, Patna. 4.

Principal Secretary, Department of Finance, Government of Bihar, Patna. 5.

Director (Technical), Department of Industries, Government of Bihar, Patna. 6.

Director, Food Processing, Department of Industries, Government of Bihar, Patna.

7.

Deputy Director (Technical), Department of Industries, Government of Bihar, Patna.

8.

Deputy Director, Food Processing, Directorate of Food Processing, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilanjan Chatterjee For the Respondent/s :

Mr. Suresh Kumar, AC to GP 1 ======================================================= CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 03-08-2022 The petitioner has prayed for a writ in the nature of mandamus to direct the respondents to provide the benefits of the Industrial Incentive Policy, 2011 as also Food Processing Scheme, 2008 on the expanded production capacity. According to the learned counsel for the petitioner, despite approval, no decision has been taken till now. By way of I.A. No. 1 of 2022, he submits that despite judgment delivered

Patna High Court CWJC No.9325 of 2017(5) dt.03-08-2022 2/2 by this Court in M/s Sunny Stars Hotels Private Limited Vs. The State of Bihar & Ors. and its analogous cases as affirmed by the Hon'ble Supreme Court, no decision has been taken. According to him, his file was placed before the Project Approval and Monitoring Committee, but no decision has been taken.

Keeping in view the facts and circumstances of the case, we dispose of the writ petition with a direction to the Project Approval and Monitoring Committee to decide the matter at the earliest, in any case not later than one month. In the eventuality, if no decision is taken, Registry to list this case suo motu on the contempt side. Needless to observe that the issue of VAT reimbursement shall also be considered by the same Committee. (Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- U