Jharkhand High Court
M/S. Kuber Tmt Plant Pvt. Ltd. An ... vs The State Of Jharkhand on 9 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 3211 of 2012
M/s. Kuber TMT Plant Pvt. Ltd. an existing company within the
meaning of the Companies Act, 1956 and having its registered office
at 712, Marshall House, 7th Floor, 25, Strand Road, Kolkata 700-001
and Works at Phase IV - C, Part 4, Bokaro Industrial Area, Bokaro
Steel City, Jharkhand through one of its Director, Sri Rakesh Kumar
Singh, son of Sri S.N. Singh resident of Keshav Bhawan, Bhagwati
Colony, Chas, P.O. & P.S. Chas (M), District - Bokaro (Jharkhand)
... ... Petitioner
Versus
1. The State of Jharkhand
2. The Secretary, Government of Jharkhand, Nepal House, Doranda,
Ranchi
3. The Director, Department of Industries, Government of Jharkhand,
Nepal House, Doranda, Ranchi
4. The Deputy Director, Department of Industries, Government of
Jharkhand, Nepal House, Doranda, Ranchi
5. The Secretary, Bokaro Industrial Area, Bokaro, P.O. & P.S. -
Bokaro, District - Bokaro. ... ... Respondents
---
CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
For the Petitioner : Mr. Shubham Choudhary, Advocate
For the Respondents : Mr. Kunal Chandra Suman, A.C. to G.P II
---
04/09.02.2023 Heard the learned counsels for the parties.
2. This writ petition has been filed for the following reliefs: -
(a) For issuance of appropriate writ, order or direction, including the writ
in the nature of certiorari for quashing/setting aside the Memo No.18/SC Ranchi
dated 13.01.2012 issued under the signature of Secretary to the Government dated
13.01.2012 passed in Appeal No.22 / 2011 whereby and whereunder, the
application of the petitioner for grant of capital subsidy has been rejected on the
ground of delay in filing the application for grant of capital subsidy, although the
petitioner is eligible and fulfills all the criterion as laid down in the Jharkhand
Industrial Policy, 2001 for grant of capital subsidy.
(b) For the issuance of appropriate writ in the nature of mandamus
directing upon the respondent to forthwith grant capital subsidy to the petitioner
inasmuch as in terms of the provisions as contained in Jharkhand Industrial
Policy 2001 the petitioner is eligible for the capital investment subsidy and fulfils
all the requisite criterions and the petitioner does not fall in the negative list of
industry as enumerated at Annexure- 3.
(c) For issuance of further appropriate writ/order/direction for a
declaration that Clause 4 (Gha) of the Jharkhand Industrial Incentive Rules 2003
is beyond the scope and authority of the Jharkhand Industrial Policy, 2001 itself
and, hence, cannot curtail the substantive right already accrued in favour of the
petitioner by prescribing the period of six months from the end of the financial
year for making application for claim, as extended by the Jharkhand Industrial
Policy, 2001."
3. Learned counsels for the parties jointly submit that issue
involved in the instant writ petition is fully covered against the
petitioner by virtue of the judgment passed by this Hon'ble Division
Bench of this Court in L.P.A. No. 211 of 2012 dated 13.06.2018
[State of Jharkhand & Ors Vs. Bir Steel (P) Limited, Giridih].
4. Learned counsel appearing for the respondents-State submits
that in view of the ratio decided by Hon'ble Division in the aforesaid
case, no relief can be granted to the petitioner.
5. In view of the aforesaid submissions made by the learned
counsel for the parties, no relief as prayed for can be granted to the
writ petitioner in this writ petition, which is accordingly is dismissed.
6. Interim order, if any is vacated.
7. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Saurav/
