Advocates:
['Brisketu Sharan Pandey', '', 'MADAN KUMAR', 'Abhishek Kumar', 'VIKASH KUMAR SC']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14163 of 2021

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

M/s Saraf Real Infra Private Limited, a company registered under Companies

Act having its office at Mahuli Road, Karmali Chak, Patna City, Patna-

800009 through its authorized representative - Basudeo Prasad, aged about 53

years (Male), Son of Gopi Krishna Sarraf, Resident of G3A, Exhibition Road,

Pushp Vihar, Exhibition Road, P.S. - Gandhi Maidan, Patna - 800001.

... ... Petitioner/s

Versus

1.

The State of Bihar, through Chief Secretary, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Industry, Government of Bihar,

Patna.

3.

Commissioner - Cum - Secretary, Department of State Taxes, Government

of Bihar, Patna.

4.

Director, Industries, Department of Industry, Government of Bihar, Patna.

5.

The Director (Technical Development), Department of Industry,

Government of Bihar.

6.

The General Manager, District Industries Centre, Patna.

... ... Respondent/s

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

Appearance :

For the Petitioner/s

:

Mr.Brisketu Sharan Pandey, Advocate

For the Respondent/s

:

Mr.Vikash Kumar ( S.C.11 )

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

CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

(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.)

Date : 13-01-2022

Petitioner has prayed for the following relief(s):-

“i. For issuing a writ of mandamus or any other

appropriate writ directing the respondent authorities

to implement the Bihar Industrial Incentive Policy,

Patna High Court CWJC No.14163 of 2021 dt.13-01-2022

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2011, 2011 and thereby pay the entitlement of the

petitioner, i.e. total outstanding amount of Rs.

2,59,13,725/- to the petitioner under the head of

Capital Subsidy, Stamp Duty, Captive Power

Generation/Gen Set, Re-imbursement for GST paid,

Reimbursement for VAT paid.

ii. For issuing appropriate writ declaring that the

payments to the petitioner as per entitlement for post-

production incentives such as Reimbursement for

GST paid and VAT paid cannot be kept pending or

denied and has to be timely paid to petitioner.

iii. For issuing a writ of mandamus or any other

appropriate writ directing the Respondent Authorities

to being on record order(s) or letter(s) through which

the claims of the for Capital Subsidy, Stamp Duty,

Captive Power Generation/ Gen Set, Re-imbursement

for GST paid, Reimbursement for VAT paid and

under Bihar Industrial Incentive Policy-2011 have

been denied.

iv. For issuing a writ of certiorari or any other

appropriate writ quashing such order(s) or letter(s)

through which the claims of the petitioner for Capital

Subsidy, Stamp Duty, Captive Power General/Gen

Set, Re-imbursement for GST paid, Reimbursement

for VAT paid paid under Bihar Industrial Incentive

Policy-2011 have been denied.

v. For holding that Respondents erred in not releasing

the subsidy/reimbursement on the ground that the

proposal of the ‘Competent Authority’ given the fact

that the proposal already has approval from SIPB

(State Investment Promotion Board) and the law has

been settled in this regard by the Hon’ble Division

Patna High Court CWJC No.14163 of 2021 dt.13-01-2022

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bench of this High Court and has been confirmed by

the Hon’ble Suprement Court that once the proposal

has been approved by the SIPB, no other approval is

required.

vi. For holding that the Respondents cannot

withhold/discontinue

to

subsidize

and/or

reimbursement the entitlement accorded to the

petitioner under the Bihar Indu