Sumo Foods Pvt. Limited, Having ... vs The Principal Secretary To ...
2022 Latest Caselaw 5593 Tel

Citation : 2022 Latest Caselaw 5593 Tel
Judgement Date : 2 November, 2022

Telangana High Court

Sumo Foods Pvt. Limited, Having ... vs The Principal Secretary To ... on 2 November, 2022

Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy

        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

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

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

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

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