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2026 Supreme(Online)(Pat) 7827

PATNA HIGH COURT
ACME Magadh Solar Power Private Limited – Appellant
Versus
The State of Bihar – Respondent
CWJC-19772/2024



IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.63 of 2025 ======================================================

ACME Nalanda Solar Power Private Limited a company registered under the Companies Act, 2013 having its registered office at Plot No. 152, Sector- 44, Gurugram- 122 002, Haryana, through its authorised representative Ajay Ku- mar Chaudhary (M) aged about 41 years S/o Parmanand Chaudhary R/o House Number- 16, Baluwa Tapa Kathut, Ghazipur, P.S.- Mohammadabad District- Ghazipur, Uttar Pradesh 233227.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Department of Industries, Govern-

ment of Bihar, Patna.

2. The State Investment Promotion Board, through Industrial Development Commissioner, Department of Industries, Government of Bihar, Patna. 3. Secretary, Department of Industries, Government of Bihar, Patna.

4. Industrial Development Commissioner, Department of Industries, Govern-

ment of Bihar, Patna.

5. The Director (Technical Development), Department of Industries, Govern-

ment of Bihar, Patna.

6. The Director, Industries, Department of Industires, Government of Bihar, Patna.

7. The Assistant Industries Director, SIPB Cell, Department of Industries, Gov-

ernment of Bihar, Patna.

... ... Respondent/s ======================================================

with Civil Writ Jurisdiction Case No. 19772 of 2024 ======================================================

ACME Magadh Solar Power Private Limited a company registered under the Companies Act, 2013 having its registered office at Plot no. 152, Sector - 44, Gurugram- 122002, Haryana, through its authorised representative Ajay Ku- mar Chaudhary (M) aged about 41 years S/o Parmanand Chaudhary R/o House Number- 16, Baluwa Tapa Kathut, Ghazipur, P.S. - Mohammadabad District- Ghazipur, Uttar Pradesh- 233227.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Department of Industries, Govern-

ment of Bihar, Patna.

2. The State Investment Promotion Board through Industrial Development Commissioner, Department of Industries, Government of Bihar, Patna. 3. Secretary, Department of Industries, Government of Bihar, Patna.

4. Industrial Development Commissioner, Department of Industries, Govern-

ment of Bihar, Patna.

5. The Director (Technical Development ) Department of Industries, Govern-

ment of Bihar, Patna.

6. The Director, Industries, Department of Industries, Government of Bihar, Patna.

7. The Assistant Industries Director, SIPB Cell, Department of Industries, Gov-

ernment of Bihar, Patna.

... ... Respondent/s ======================================================

Appearance :

(In Civil Writ Jurisdiction Case No. 63 of 2025)

For the Petitioner/s : Mr. Satyabir Bharati, Sr. Adv.

Mr. Aniket Prasoon, Adv.

Mr.Brisketu Sharan Pandey For the Respondent/s : Mr.Standing Counsel (28)

(In Civil Writ Jurisdiction Case No. 19772 of 2024)

For the Petitioner/s : Mr. Satyabir Bharati, Sr. Adv.

Mr. Aniket Prasoon, Adv.

Mr.Brisketu Sharan Pandey For the Respondent/s : Mr.Standing Counsel (28)

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

CAV JUDGMENT

Date : 27-02-2026

1. Since both the writ petitions involve identical questions of law and arise out of a common factual matrix, with the con- sent of the parties, both petitions were heard together and are being decided by this common judgment/order.

2. The present writ applications have been filed seeking declaration that the petitioners were eligible to avail incentives under the Bihar Industrial Investment Promotion Policy, 2016 (in short ‘BIIPP-2016’) on the ground that the petitioners have not availed any incentive or benefit either under the Bihar In- dustrial Incentive Policy, 2011 (in short ‘BIIP-2011’) or under BIIPP-2016 including as permitted under Notification No. 4571 dated 14.10.2022.

3. The petitioners have further prayed for quashing of the rejection letters dated 03.11.2023, 30.12.2023, 21.10.2023 and 12.07.2024 issued by the State Investment P

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