M/S Tanya Enterprises, Through Its Proprietor Smt. Anita Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15045 of 2017 =========================================================== M/s Tanya Enterprises, Through Its Proprietor Smt. Anita Singh, Wife of Santosh Kumar Singh, Resident of 199, H.I.G., Naginapur, Police StationAdityapur, District- Jamshedpur, Jharkhand. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Industry, Government of Bihar, Patna.

2. The Director, Director of Industries, Patna.

3. The General, District Industries, Patna.

4. The General, District Industries Centre, Aurangabad.

5. The Chairman cum Managing Director, Bihar State Power Holding Corporation Ltd.

6. Electrical Superintending Engineer, Gaya.

7. Assistant Electrical Engineer, Hari Nagar, Aurangabad.

8. The Central Bank of India, through its Zonal Manager, Bihar Zone, Patna.

9. The Branch Manager, The Central Bank of India, Nabi Nagar Branch, Aurangabad.

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

For the Petitioner/s : Mr. Manoj Kumar, Adv For the Respondent/s : Mr. RAJIV ROY - GP1 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-04-2018 The present writ petition has been filed for the following reliefs - (i) For commanding the respondent State to release the subsidy amount of 20% against the investment being made by the petitioner in installation of Plant and machinery and in addition thereto 5% for the petitioner proprietor being a lady in terms of Bihar Industrial Appreciation Scheme, 2011 in favour of the petitioner.

(ii) Also for commanding the respondent to further release the subsidy amount of 50% invested by the petitioner on installation of Captive Power General/Diesel Generating Set.

(iii) Also for commanding the respondents to compensate the petitioner against loss sustained by it due to nongrant of the aforesaid subsidy amount. (iv) Also for any other appropriate relief(s) to which the petitioner is found entitled either in the eye of law or in the facts and circumstances of the case.

2. Learned counsel for the petitioner submits that despite having fulfilled the conditions for grant of 20% subsidy for establishing industry as well as additional 5% subsidy for woman entrepreneurs as well as other benefits under the Industrial Policy 2011, the same has not yet been granted to the petitioner despite repeated requests and for which a representation has been filed before the Industries Development Commissioner as far back as on 09.07.2014 (Annexure-6),

3. Learned counsel for the respondents appears and has been heard. No counter affidavit has however, been filed.

4. Having regard to the nature of the grievance of the petitioner, the writ petition is disposed of granting liberty to the petitioner to file a fresh representation before the Principal Secretary, Department of Industry, Government of Bihar, Patna (Respondent no. 2). If any such representation is filed within a period of four weeks from today, the same shall be considered and disposed of in accordance with law within period

of three months from the date of receiving the petitioner's representation. If the petitioner is found entitled to any of the benefits as claimed in the representation, the same shall be granted forthwith. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N A Uploading Date 16.04.2018 Transmission Date NA