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2022 Supreme(Jhk) 1195

SUJIT NARAYAN PRASAD
Usha Martin Limited – Appellant
Versus
State of Jharkhand, through the Secretary, Department of Industries, Government of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Dipak Kumar.
For the Respondents: Mr. Shreenu Garapati, S.C. III, Mr. Sudharshan Kumar Singh, A.C. to S.C. III.

JUDGMENT :

The instant writ petition, under Article 226 of the Constitution of India, has been filed seeking following reliefs :

    (a) For quashing and setting-aside the Order dated 25.07.2012 contained in Memo No. 2302 dated 25.07.2012 (Annexure-11) passed by Director of Industries (Respondent No. 2), whereby and whereunder the Respondent No. 2, in a quite arbitrary and illegal manner and in complete disregard of the provisions of the Jharkhand Industrial Policy Act, 2001, has rejected the Application of the petitioner under the “Jharkhand Udyogik Protsahan Niyamawali, 2003”, filed for grant of Capital Investment Subsidy on the ground that the Screening Committee constituted under the Chairmanship of Chief Secretary vide its meeting dated 31.05.2012 has found that the application for capital investment subsidy has been filed by the Petitioner after 8 years from the date of start of commercial production and 19 months from the date of issuance of certificate and hence recommended for rejection of the application.

(b) For a direction upon the concerned Respondent to immediately grant aforesaid Capital Investment Subsidies as applied by the Petitioner before the Competent Authority of the

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