M/S. Shree Maruti Agro Food Products v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16692 of 2021 ====================================================== M/s. Shree Maruti Agro Food Products a Partnership firm having its office at C/o Sri Pawansut Traders, Haldi Patti, Marufganj, P.S. Malsalami, Patna City, District Patna and its production unit at Plot No. 431, Mohammadpur, Raksha Bandh, P.S. Deedarganj, Patna City, District Patna, through one of its Partners, namely, Shalekh Banka, aged about 38 years, Male, son of Sri Sitaram Banka, Resident of Jhauganj Ghat, P.S. Chowk, Patna City, District Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.
2.
The Principal Secretary-cum- Commissioner, Commercial Taxes Department (now known as Commercial Taxes (State)), Government of Bihar, Vikas Bhawan, New Secretariat, Patna.
3.
The Principal Secretary Department of Industry, Vikas Bhavan, Bailey Road, Patna.
4.
The South Bihar Power Distribution Company Limited through its Managing Director, Vidhyut Bhawan, Baily Road, Patna. 5.
The Managing Director, South Bihar Power Distribution Company Limited, Vidhyut Bhawan, Baily Road, Patna.
6.
The Director of Industries, Government of Bihar, Vikas Bhavan, Bailey Road, Patna.
7.
The Deputy Commissioner of Commercial Taxes now known as Joint Commissioner of State Taxes, Patna City East Circle, Patna. 8.
The Director (Technical), Department of Industries, Bihar, Patna. 9.
The General Manager, District Industry Centre, Patna. 10.
The Executive Director, South Bihar Power Distribution Company Limited, Fathua.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S. D. Sanjay, Sr. Advocate Mr. Mohit Agarwal, Advocate
2/8 For the Respondent/s :
Mr.Vikash Kumar (SC11) For Res. No. 4 & 5 :
Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 08-03-2022 Heard learned counsel for the parties.
The petitioner has prayed for the following relief/s :-
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6/8 It is submitted by learned senior counsel for the petitioner that the DPR (Detailed Project Report) of M/s. Shri Maruti Agro Food Products, Haldi Patti, Marufganj, Malsalami, Patna City, Patna, was placed before the State Investment Promotion Board (hereinafter referred to as the "Board") headed by the Development Commissioner. Thereafter, his DPR has been recommended by the said Board for granting benefit under
7/8 Industrial Incentive Policy-2011 and the same was to be placed before the Project Approval and Monitoring Committee (hereinafter referred to as the "Committee"). However, same has not been placed before the said Committee only on the ground that the said DPR was received after 31.03.2016. It is contended that in terms of Annexure-17 (as contained in rejoinder affidavit filed on behalf of the petitioner), the outer time of 31.03.2016 has been extended by the Government by a cabinet decision on basis of which said notification has been issued.
Said submission is being controverted by the counsel for the State according to whom petitioner is not entitled and cannot be granted benefit under Industrial Incentive Policy, 2011, as Food Processing Scheme Policy, 2009 is different from the Industrial Incentive Policy, 2011.
After having heard learned counsel for the parties, this writ petition is disposed of with a direction to the respondent authorities to place the DPR (Detailed Project Report) of the petitioner before the Project Approval and Monitoring Committee within one month from the date of receipt/production of a copy of order passed by this Court. Needless to add that the petitioner shall be given
8/8 opportunity to place his case before the Committee and it shall be open for the Committee to take appropriate decision on the claim of the petitioner.
It is made clear that this Court has not expressed any opinion on the merit of claim of petitioner and it is for the Committee to take the final decision. All issues of law and fact are left open.
With the said observation and liberty, the writ petition is disposed of.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR NAFR CAV DATE NA Uploading Date 11.03.2022 Transmission Date NA