Patna High Court
M/S Yatri Vihar Hospitality Pvt. ... vs The State Of Bihar on 10 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10360 of 2022
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M/s Yatri Vihar Hospitality Pvt. Ltd. a private limited company incorporated
under the provisions of the Companies Act, 1956, having its registered office
at 61, Road No. 8B, Rajendra Nagar, Patna, (Bihar) - 800016, through its
Director, Sri Amit Roy, S/o Late Dr. B.N. Roy, resident of M- 34 (old), P.O. -
Adityapur, District - Saraikela Kharsawan, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Commercial Taxes, Government of Bihar, Patna.
2. The Principal Secretary, Department of Industries, Government of Bihar,
Patna.
3. The Development Commissioner-cum-Chairman, State Investment
Promotion Board, Bihar, Patna.
4. The Director of Industries, Department of Industries, Government of Bihar,
Patna.
5. The Director, Technical Development, Department of Industries,
Government of Bihar, Patna.
6. General Manager, District Industries Centre, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ankit Katriar, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC-11
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 10-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"A. Quashing / setting aside the decisions taken
and views expressed in minutes of meeting dated
24.07.2017 (Annexure-P9 & P9/1);
B. Holding and declaring that the petitioner is
Patna High Court CWJC No.10360 of 2022 dt.10-08-2022
entitled to the grant of incentives as mentioned in
petitioner's letters dated 21.11.2019 (Annexure-
P12),19.12.2019 (Annexure-P12/1) and letter dated
24.03.2022 (Annexure-P14), and for continued grant of
the same till the date of entitlement under the Bihar
Industrial Incentive Policy, 2011 (Annexure-P2) and
Bihar Industrial Incentive (Amendment) Policy, 2014
(Annexure-P2/1);
C. Granting to the petitioner the incentives as
mentioned in petitioner's letters dated 21.11.2019
(Annexure-P12), 19.12.2019 (Annexure-P12/1) and
letter dated 24.03.2022 (Annexure-P14), and for
continued grant of the same till the date of entitlement
under the Bihar Industrial Incentive Policy, 2011
(Annexure-P2) and Bihar Industrial Incentive
(Amendment) Policy, 2014 (Annexure - P2/1)."
It is brought to our notice that the decision rendered
by a coordinate Bench of this Court in CWJC No. 12104 of
2018, titled M/s Sunny Stars Hotels Private Limited has attained
finality, inasmuch as, the Special Leave Petition preferred by the
State stands dismissed by Hon'ble the Apex Court vide order
dated 17.01.2020 passed in SLP (Civil) No. 43744 of 2021.
Parties agree that the petition can be disposed of.
Learned counsel for the petitioner, states that
certain amount already stands paid to the petitioner. As such,
petitioner shall be content if the petition is disposed of with
Patna High Court CWJC No.10360 of 2022 dt.10-08-2022
liberty to the petitioner to approach the authority concerned by
filing a representation within a period of four weeks, with a
direction to the authority concerned to consider and decide the
same within a period of four weeks from the date of its
presentation.
Prayer allowed.
Without expressing any opinion on merits of the
claim, petition is disposed of with the liberty/direction aforesaid.
All issues on facts and law are left open.
Needless to say that while considering such request,
principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petition(s), if so required and desired.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law.
We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch.
Patna High Court CWJC No.10360 of 2022 dt.10-08-2022
The petition stands disposed of in the aforesaid terms.
Interlocutory application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 11.08.2022
Transmission Date
