IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17576 of 2022

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M/s. Henraajh Feeds India Pvt. Ltd. Having registered office at G 62, Ground

Floor, P. C. Colony, Kankarbagh, Patna through its Managing Director

namely, Jaydeep Narayan Srivastava, aged about 49 Years, Male, Son of Late

Laxmi Narayan Srivastav, Resident of Neem Ghat, Water Tank Road, P.O.-

Jhauganj, P.S.- Khjekalan, Patna City, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Industry,

Vikas Bhavan, Bailey Road, Patna.

2.

The Principal Secretary, Department of Industry, Vikas Bhavan, Bailey

Road, Patna.

3.

The Director of Industries, Government of Bihar, Vikas Bhavan, Bailey

Road, Patna.

4.

The Director (Technical), Department of Industries, Bihar, Patna.

5.

The General Manager, District Industry Centre, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. S.D. Sanjay, Sr. Advocate.

For the Respondent/s

:

Mr. Kinkar Kumar, SC-9 with

Ms. Deepika Sharma, AC to SC-9

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL JUDGMENT

Date : 04-07-2023

Heard the learned counsel for the parties.

2. This writ petition has been filed for seeking the

following reliefs:

(i) For quashing the order bearing Memo No.

350 dated 14.09.2022 issued by the Respondent

Director, Food Processing, Department of Industry,

Government of Bihar whereby the petitioner was

denied grant of capital subsidy as promised under

Integrated Development of Food Processing Sector

Scheme, 2008 read with the Industrial Incentive

Policy, 2011 without considering the fact that the

petitioner commenced its commercial production on

23.05.2016 and the project of the petitioner was

approved by S.I.P.B. and PAMC and therefore, the

same ought to had been granted to the petitioner;

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(ii) For direction upon the Respondents for

grant of Capital Subsidy to the petitioner firm in terms

of Clause 2Vii (d) read with Integrated Development

of Food processing Sector Scheme, 2008 as promised

and committed by the Respondent State of Bihar

under the Industrial Incentive Policy, 2011 read with

Integrated Development of Food Sector Scheme,

2008;

(iii)For the declaration that the petitioner

firm is entitled for grant of Capital subsidy as

promised under Food Processing Policy, 2008 in

terms of Clause 2 (vii)(d) of the Industrial Incentive

Policy, 2011 as the said unit fulfills the eligibility

conditions as required under the Industrial Incentive

Policy, 2011 and for a further direction to the

Respondent State Government to disburse the amount

of subsidy in favour of the petitioner at the earliest as

promised by the Respondent;

(iv) For a declaration that in terms of the

procedure laid down in Memo No. 387 dated

26.05.2015 cannot be made applicable on projects

which has got S.I.P.B approval prior to the said Memo

and moreover even if is held to be applicable, it was

the duty and obligation of the Project Management

Committee to get the same approved from the

Minister, Department of Industry and the petitioner

cannot be denied the benefits for fault/latches on part

of the Respondents;

(v) For a direction upon the respondent to

grant all other incentives to which the petitioner firm

is entitled in terms of the promise and commitment

made by the Respondent State of Bihar under

Industrial Incentive Policy, 2011 as the petitioner firm

has established its unit in view of the benefits of in

terms of incentives promised by the respondent State;

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(vi) For a direction to the respondents to

grant the incentives at the