Patna High Court - Orders
M/S Hotel U. S. Residency vs The State Of Bihar & Ors on 27 March, 2017
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3380 of 2017
======================================================
M/s Hotel U. S. Residency
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.D. Sanjay, Sr. Advocate
Mr. Alok Kumar Agrawal
For the Respondent/s : Mr. Y.P. Sinha- AAG7
Mr. Anand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
2 27-03-2017Heard learned counsel for the petitioner and learned counsel for the State.
In the present case, petitioner is claiming that its establishment is covered under Industrial Policy, 2011 which prescribed that the industry which falls under any of the item covered will be granted incentive of succeeding five years from the date of its establishment.
So far electricity is concerned from the date of connection, learned counsel for the petitioner submits that she has established this Hotel and has been granted incentive but after a year she has been deprived from the said benefit claiming that period of Industrial Policy is over and benefit cannot be given. He has further submitted that the benefit of five years will be extended from the date of establishment of Patna High Court CWJC No.3380 of 2017 (2) dt.27-03-2017 2 connection and in support of his submission he has placed reliance on the two judgments of this case in the case of M/s Super Steel Casting Ltd. v. State of Bihar and others, reported in 2007(3) PLJR 612 and Kamper Concast Limited v. State of Bihar and others, reported in 2004(3) PLJR 309.
Let this case be listed after two weeks at the top of the list.
In the meantime, Bihar State Power Holding Company and State are directed to file its respective counter affidavit.
(Shivaji Pandey, J) Vinay/-
U