M/S Gayatri Paint Industries v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9170 of 2021 ====================================================== M/s Gayatri Paint Industries Industrial Estate, Bela, P.O. MIC, P.S.- Bela, District- Muzaffarpur, through its Proprietor Lal Babu Prasad (male), aged about 53 years, Son of Lachuman Prasad, resident of mohalla- Bela Chhapra, Sherpur @ Narayanpur Anant, MIC Muzaffarpur, P.S.- Bela, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Industries, Government of Bihar, Vikas Bhawan Secretariat, Bailey Road, Patna800015. 2.

The Director, Department of Industries, Government of Bihar, Vikas Bhawan Secretariat, Bailey Road, Patna- 800015. 3.

The Office Superintendent, District Industries Centre, Bela, Muzaffarpur, District- Muzaffarpur.

4.

Bihar Industrial Area Development Authority, Muzaffarpur. 5.

The Secretary, Department of Commerce, Secretariat, Bihar, Patna. 6.

The Union of India Ministry of Micro, Small and Medium Enterprises, Department of Industries through its Secretary, New Delhi. 7.

The Secretary, Department of Commerce, Ministry of Commerce and Industry, Government of India, New Delhi.

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

For the Petitioner/s :

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

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 04-02-2022 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of a direction to the respondent authority for payment of amount of capital subsidy of Rs. 56.53 lac (approximately) to the petitioner industries under the Bihar Industrial Policy, 2011.

Patna High Court CWJC No.9170 of 2021(2) dt.04-02-2022 2/2 (ii) For grant of capital subsidy for purchase and installation of machinery as specified in Column-I and Column-II as pre-condition incentive and post production incentive under the Industrial Policy, 2011."

At the outset, realizing the constraints regarding the maintainability of the present writ petition on account of delay and laches, the learned counsel for the petitioner seeks to withdraw the present petition with liberty to avail such other remedies as are available under the law.

Having regard to the submissions made by the learned counsel for the petitioner, we deem it fit and proper to dismiss the present petition as not pressed, however, with the aforesaid liberty.

(Rajan Gupta, J) (Mohit Kumar Shah, J) S.Sb/- U