Sri Sai Industries v. The State Of Bihar And ORS

Patna High Court CWJC No.16833 of 2017 dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16833 of 2017 ===========================================================

1. Sri Sai Industries, through its Proprietor Laxmi Prasad, Poiwa Pachrukhiya Road, Village- Dehri, P.O. Poiwa, P.S.- Aurangabad, District- Aurangabad- 824101 .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

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

3. Director Industry, Department of Industry, Government of Bihar, Patna.

4. The Director (Technical Development), Department of Industry, Government of Bihar. null null

5. The General Manager, District Industries Centre, Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anand Kumar For the Respondent/s : Mr. KINKAR KUMAR - SC9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-04-2018 The present writ petition has been filed for the following reliefs:- (i) For a direction to the respondent authority to pay the amount of capital subsidy of Rs. 30.44 lakhs to the petitioner under Bihar Industrial Incentive Policy-2011.

(ii) For grant of capital subsidy on purchased and installation of plant and machinery, as specified in col. 1 and 2 as pre-condition incentive and post-production incentive and post-production incentive of Bihar Industrial Incentive Policy2011. (iii) For any relief or reliefs, direction/directions for which the petitioner is entitled may be given.

2. At the very outset, learned counsel for the petitioner

Patna High Court CWJC No.16833 of 2017 dt.05-04-2018 submits that it will suffice if the petitioner's representation dated 03.10.2017 (Annexure-8) filed before the Principal Secretary, Industries Department, Govt. of Bihar, Patna (Respondent No. 2) is directed to be disposed of, in which event, the present writ petition need not be pressed on merits.

3. Learned counsel for the respondents appears and has been heard.

4. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the Principal Secretary, Industries Department, Govt. of Bihar, Patna (Respondent No. 2) to consider and dispose of the petitioner's representation dated 03.10.2017 (Annexure-8) if the same is pending before him, after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date17.04.2018 Transmission Date NA