THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
Writ Petition Nos. 3379, 3377, 3378, 3380, 3381,
3382, 3383, 3384, 3385, 3386, 3387 and 3400 of 2006
COMMON ORDER: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
This order will dispose of W.P.Nos.3379, 3377, 3378,
3380, 3381, 3382, 3383, 3384, 3385, 3386, 3387 and
3400 of 2006.
2. We have heard Mr. Naga Deepak, learned counsel for
the petitioners and Mr. H.Venugopal, learned Government
Pleader for Industries and Commerce Department
appearing for the respondents.
3. In this batch of writ petitions, petitioners have taken exception to clause No.5 of G.O.Ms.No.179 dated 22.06.2005 as being violative of the principles of promissory estoppel and legitimate expectation of the petitioners and thereafter to strike down the same. Petitioners further seek a direction to the respondents to 2 grant them the benefit of refund of the cost of power in terms of G.O.Ms.No.333, dated 14.11.2003.
4. Petitioners before us are manufacturers of various commodities covering food industries. The then Government of Andhra Pradesh recognizing the need to encourage food industries, issued G.O.Ms.No.333, dated 14.11.2003, providing certain incentives and concessions, including refund of cost of power etc. The aforesaid policy came into effect from 14.11.2003. Commissioner of Industries was appointed as the nodal agency to implement the policy. Pursuant thereto, Government of Andhra Pradesh issued G.O.Ms.No.55, dated 05.03.2004, as per which the benefits in the form of incentives and concessions under G.O.Ms.No.333 would be provided to such industries having eligibility certificate issued by the District Industries Centre.
5. In terms of the above Government Orders, petitioners had submitted applications before the competent authority. But, no eligibility certificates were issued. Aggrieved by such inaction, petitioners and others filed W.P.No.12074 of 3 2005 before this Court seeking effective implementation of the above two Government Orders. Interim directions were issued by this Court to consider the applications of the petitioners for issuance of eligibility certificate. It was thereafter that Government of Andhra Pradesh issued G.O.Ms.No.179, dated 22.06.2005, providing for a fresh food policy in the State of Andhra Pradesh superseding G.O.Ms.No.333 dated 14.11.2003 and G.O.Ms.No.55 dated 05.03.2004. Government of Andhra Pradesh fixed 01.04.2005 when the new policy would come into operation, besides restricting the benefits conferred by G.O.Ms.No.333, dated 14.11.2003. It was thereafter that the present batch of writ petitions came to be filed.
6. In W.P.No.21292 of 2005 a learned Single Judge of this Court vide the judgment and order dated 10.08.2006 held that petitioners would be entitled to the incentives or benefits as per G.O.Ms.No.333, dated 14.11.2003 and G.O.Ms.No.55, dated 05.03.2004 till the date of issuance of G.O.Ms.No.179, dated 22.06.2005, from the respective dates of applications. State had assailed the aforesaid decision of the learned Single Judge by filing W.A.No.1300 4 of 2006. By the judgment and order dated 26.03.2007, a coordinate Bench of this Court dismissed the writ appeal, but modified the direction of the learned Single Judge in the following manner:
"The application made by the respondent for grant of incentives and concessions in terms of G.O.Ms.No.333, dated 14-11-2003 shall be considered by the concerned committee and appropriate decision be taken within a period of one month on its entitlement to receive the benefit of the policy contained in the said G.O. Once the respondent is declared eligible, the competent authority shall issue eligibility certificate so as to entitle it to claim the benefit of incentives and concessions up to 31-3-2005. This exercise shall be completed within a total period of two months."
7. Learned counsel for the parties are in agreement that the aforesaid directions will cover the case of the petitioners as well.
8. In the light of the above, we direct that applications made by the petitioners for grant of incentives and concessions in terms of G.O.Ms.No.333 dated 14.11.2003, shall be considered by the concerned committee and appropriate decision shall be taken within a period of one month on the entitlement of the petitioners to receive the 5 benefit of the policy contained in the said Government Order. Once the petitioners are declared eligible, the competent authority shall issue eligibility certificate to the petitioners so as to entitle them to claim the benefit of incentives and concessions up to 31.03.2005. This exercise shall be completed within an overall period of two months.
9. With the above direction, all the writ petitions are disposed of.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 02.11.2022 vs