M/S Balajee Annapurna Private Limited v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 10029 of 2021 ====================================================== ..... ...... Petitioner/s

Versus

====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigank Mauli, Advocate Mr. Chandan Kumar, Advocate Mr. Sanjay Kumar Sanket, Advocate Mr. Vinay Mistry, Advocate For the Respondent/s :

Mr. Subhash Pd. Singh, G.A. 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ===================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) Date : 07-07-2021

2/5 Petitioner has prayed for the following relief(s):

3/5 Shri Mrigank Mauli, learned counsel for the petitioner points out that in the cases of similarly situated petitioners, the State has already processed the application and taken necessary consequential action, including that of remitting the amount under and in terms of the industrial policy framed by the State.

4/5 Shri Subhash Prasad Singh, learned G.A. 3 seriously does not dispute such fact. In fact, he states that the petitioner's case shall be considered on its own merit and appropriate action taken, including payment of the amount, if any, within a period of six months from today.

As such, we dispose of the present petition in the following mutually agreeable terms:- (a) Petitioner's application shall be processed and his case for refund of the amount in terms of and under the Industrial Policy of the State shall be considered and decided positively within a period of six months from today; (b) Appropriate consequential action shall be taken within the same period;

(c) Liberty reserved to the petitioner to revive the petition, if the need so arises subsequently on the same and subsequent cause of action;

(d) Needless to add, there shall be no discrimination in the petitioner's case and the same shall be decided similarly to the one which already stands considered and decided by the Government;

(e) Liberty reserved to the petitioner to challenge the order, if required and desired;

(f) Equally, liberty reserved to the parties to take

5/5 recourse to such other remedies as are otherwise available in accordance with law;

(g) We are hopeful that as and when petitioner takes recourse to such remedies, before the appropriate forum, the same shall be dealt with, in accordance with law, with a reasonable dispatch;

(h) We have not expressed any opinion on merits and all issues are left open;

The instant petition sands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, also stands disposed of.

Learned counsel for the respondents undertakes to communicate the order to the appropriate authority through electronic mode.

(Sanjay Karol, CJ) (S. Kumar, J) Sujit/PKPAFR/NAFR CAV DATE Uploading Date 14.07.2021 Transmission Date