M/S. Shree Cement Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5740 of 2021 ====================================================== M/s. Shree Cement Limited (Its unit M/s. Bihar Cement) a Limited Company incorporated under the provisions of Companies Act, 1956, having its registered office at Bangur Nagar, Beawar, District- Ajmer (Rajasthan) and its Production Unit at Jasoiya More, P.S.- Aurangabad, District- Aurangabad through its Authorised Signatory namely Anil Kumar Talwar, Aged about 63 Years, Male, son of Late Shri Amar Nath Talwar, Resident of Flat No. F-2, Bandhu Vihar Apartment, Plot No. 11, Sector-10, Market, P.S.- Dwarika, District- New Delhi (Delhi-110075).

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

The Principal Secretary-cum- Commissioner Commercial Taxes Department now known as Department of Commercial Taxes (State), Government of Bihar, Patna.

3.

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

4.

The Principal Secretary Department of Energy, Government of Bihar, Patna. 5.

The Director of Industries Department of Industry, Government of Bihar, Patna.

6.

The Bihar State Power Holding Company Limited Through its Chairmancum- Managing Director, Vidyut Bhawan, Bailey Road, Patna. 7.

The Managing Director South Bihar Power Distribution Company Limited, 2nd Floor, Vidyut Bhawan, Bailey Road, Patna. 8.

The Deputy Commissioner of Commercial Taxes now known as Joint Commissioner of State Taxes Patna Special Circle, Patna. 9.

The General Manager Bihar Industrial Area Development Authority, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.D. Sanjay, Sr. Advocate Mr.Mohit Agarwal, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

2/5 30-06-2022 Petitioner has prayed for the following relief(s):-

3/5 It is brought to our notice that the decision rendered by a co-ordinate 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

4/5 in SLP(Civil) No. 43744 of 2021.

Parties agree that the petition can be disposed of. Learned counsel for the petitioner, states that certain amount in terms of the Bihar Industrial Incentive Policy, 2011 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.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate 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

5/5 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 also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-DKS U