M/S Henraajh Feeds India Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10926 of 2017 ====================================================== M/s Henraajh Feeds India Pvt. Ltd., having registered office at G.62, Ground Floor, P.C. Colony, Kankarbagh, Patna 800020 through its Managing Director, namely, Sri Jaydeep Narayan Srivastava, son of Late Laxmi Narayan Srivastava, resident of Neem Ghat, Water Tank Road, P.O.- Jhauganj, P.S.- Khajekalan, Patna City- 800008.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Industries, Government of Bihar, Patna 2.

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

3.

The Project Approval and Monitoring Committee through its Chairman, Principal Secretary (Industries), Government of Bihar, Patna 4.

The State Level Committee through Chairman, the Industrial Development Commissioner.

5.

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

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate For the Respondent/s :

Mr. AC to GP 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-07-2022 Heard learned counsel for the parties.

2/4 Petitioner has prayed for following reliefs:-

3/4 It is brought to our notice that the decision rendered by a coordinate Bench of this Court in CWJC No. 12104 of 2018, titled as M/s Sunny Stars Hotels Private Limited Vs. The State of Bihar & Ors. has attained finality, inasmuch as, the Special Leave petition preferred by the State stands dismissed by Hon'ble the Apex Court vide order dated 17.01.2020 passed in SLP (Civil) No. 43744 of 2021. Parties agree that the petition can be disposed of. Learned counsel states that certain amount already stands paid to the petitioner. As such, petitioner shall be content if the petition is disposed of with liberty granted to the petitioner to approach the authority concerned by filing a representation within a period of four weeks, with a direction to the authority concerned to consider and decide the same within a period of four weeks from the date of its presentation. Prayer allowed.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

4/4 Needless to say that while considering such request, principles of natural justice shall be followed and due petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms.

Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- Ranjan AFR/NAFR NAFR CAV DATE NA Uploading Date 12.07.2022 Transmission Date NA