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SANJAY KAROL, VIKASH JAIN
Avyn Enterprises Private Limited, through its Director, Arun Kumar Agrawal – Appellant
Versus
State of Bihar through Additional Chief Secretary, Department of Industries, Government of Bihar, Patna – Respondent
JUDGMENT
SANJAY KAROL, J.
The proceedings of the Court are being conducted by Hon’ble the Chief Justice/ Hon’ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.
1. Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
1.(b) For issuance of writ of mandamus for directing/commanding the respondent authorities to grant the incentive to the petitioner company by way of financial assistance as promised by the State Government vide BIHAR INDUSTRIAL INCENTIVE POLICY 2011 under “Scheme for Integrated Development of Food Processing Sector"
The court emphasized the significance of public interest litigation, the principles of mandamus, and the requirement of a distinct demand for performance before issuing a writ.
Courts should adopt a liberal approach in entertaining public interest litigation in issues pertaining to good governance and emphasize the importance of following principles of natural justice.
The court highlighted the importance of procedural technicalities in public interest litigation and the principles of issuing a writ of mandamus.
Procedural technicalities should take a back seat in public interest litigation, and the principles of issuing a writ of mandamus and the need for a demand for performance before its application are ....
The application of principles of natural justice and the availability of alternative remedies in accordance with the law.
Application of principles of natural justice, availability of alternative remedies, importance of public interest litigation, and the need for procedural technicalities to take a back seat in public ....
The court emphasized the liberal approach in entertaining public interest litigation and highlighted the principles of mandamus and the need for a distinct demand and refusal before issuing a writ of....
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