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2007 Supreme(Pat) 561

NAVIN SINHA
Super Steel Casting Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The short question for determination in the present writ application is whether the subsidy of power consumption granted to entrepreneurs in the Industrial Policy of 1993 framed by the State Government lapsed with the life of the policy in 1998 or not.

2. It is the case of the petitioner that he set up new industrial unit for manufacture of Steel casting and Ingots. The unit commenced production and filed its first claim for electricity subsidy in terms of the policy in 1997. It is not in controversy that the petitioner was considered eligible for the electrical subsidy and was granted the same till it was stopped after 1998. The unit had commenced production on 19.1.1997.

3. Learned counsel for the petitioner submits that under the Policy the subsidy was to be granted for five years from the date of production. There is, thus, no justification for the Respondents to deny him the benefit of electrical subsidy for five years from 19.1.1997. The Government order dated 11.7.2000 under which the authorities deny him the benefit of the subsidy after 31.3.1999 is arbitrary.

4. A similar question came to be considered by a Bench of this Court in 2004(3) PLJR 309 (Kamper Concast



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