Patna High Court
M/S Govardhan Ispat India Private ... vs The State Of Bihar on 29 July, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9215 of 2022
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M/s Govardhan Ispat India Private Limited a company registered under
Companies Act having its Office at Simli, Murarpur, Didarganj, Patna City,
Patna City, Patna, through its authorized representative-Binay Kumar Singh,
(Male) Aged about 49 Years, S/o Ram Kripal Singh, R/o 69, Patliputra
Colony, Boring Road, Patna P.S.- Patliputra and District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Department of Industry,
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
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(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.)
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Adv
For the Respondent/s : Mr.Kinkar Kumar (SC9)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR )
Date : 29-07-2022
It is brought to our notice that the decision rendered
by a co-ordinate Bench of this Court in CWJC No.12104 of
2018, titled as M/s Sunny Stars Hotels Private Limited, has
attained finality, inasmuch as, the Special Leave Petition
Patna High Court CWJC No.9215 of 2022 dt.29-07-2022
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 in terms of the Bihar Industrial Incentive Policy,
2011 already stands paid to the petitioner. As such, petitioner
shall be content if the petition is disposed of with liberty granted
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 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.
Patna High Court CWJC No.9215 of 2022 dt.29-07-2022
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.
The petition stands disposed of in the aforesaid terms.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
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