JUDGMENT :

MADHURESH PRASAD, J.

1. Heard learned counsel for the petitioner and learned counsel for the State respondent.

2. The writ petitioner is a Company manufacturing sugar at Harinagar in the District of West Champaran. The State Government, vide a resolution dated 12.09.2006, announced incentive Scheme for establishment and development of sugar and sugar based industries in the State of Bihar (hereinafter referred to as incentive Scheme). The same is Annexure 1 to the writ petition. The same provided certain benefits /incentives for establishment of sugar mills /sugar cane based industries as well as for expansion of capacity of existing sugar mills. Clause 4 ([ k ) (ii) provided exemption from administrative charges for five years on molasses to Distilleries/Ethanol units being established. The same exemption was granted in case of capacity expansion of Distilleries and Ethanol units also.

3. Clause 5 (x ) and (N ) are relevant for the present case and are, thus, being quoted:

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