Patna High Court
M/S Maa Mundeshwari Foods Pvt vs The Union Of India & Ors on 22 July, 2010
Author: Shiva Kirti Singh
Bench: Shiva Kirti Singh, Birendra Prasad Verma
LETTERS PATIENT APPEAL No.896 OF 2006
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Against the order dated 20.10.2006 passed by the Hon'ble Mr.
Justice Navaniti Prasad Singh in CWJC No. 8040 of 2004.
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M/S Maa Mundeshwari Foods Pvt. Ltd., a Company incorporated
under the provisions of the Companies Act, 1956 having its
Registered Office situated at Old Town Munsi Tola, Daudnagar,
District Aurangabad through one of its Directors, Shyam Kishor
Prasad, S/O late Deonandan Prasad, resident of Surya Mandir
Road, Aurangabad, P.S. Aurangabad, District Aurangabad ---
Appellant.
Versus
1. The Union of India through the Secretary, Ministry of Food
Processing Industries, Panchsheel Bhawan, August Kranti Marg,
New Delhi, 110049.
2. The Joint Secretary, Ministry of Food Processing Industries,
Panchsheel Bhawan, August Kranti Marg, New Delhi- 110049.
3. The Secretary-cum- Industrial Development, Bailey Road, Patna.
- Respondents.
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For the Appellant : Mr. S.D. Sanjay, Adv.
For the Union of India: Mr. Rakesh Kumar Singh, C.G.C.
For State : Mr. Kumar Ravish, Adv.
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PRESENT
THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA
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Shiva Kirti Singh &
Birendra Pd. Verma, JJ : Heard learned counsel for the appellant,
learned counsel for the State and learned counsel for the Union
of India.
2. After some arguments learned counsel for the appellant
could not contest the implications flowing from the advertisement,
contained in Annexure-2, which lays down qualification as well as
terms and conditions that make it clear that the grant, even if we are
to hold that it is available to an Industry which had completed its
project, will not be automatically available to the appellant. The
qualification requires satisfaction on the part of the Ministry and its
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competent officials and the terms and conditions also require that the
project should be recommended by the State Nodal Agency.
3. In the present case the prayer for grant made by the
appellant has been formally rejected by an order dated 08.12.2003,
which is available at Annexure-14 to the writ petition. By that letter
the appellant was informed that his application for grant dated 22nd
July, 2002 could not be processed due to absence of recommendations
from the State Nodal Agency, non-inclusions of grant in the Means of
Finance and because the project has already been implemented before
submission of the application.
4. Faced with the aforesaid reasons and the views of the
learned Single Judge that Project should have been submitted for
approval before its implementation, the learned counsel for the
appellant took the line of least resistance to advance a submission that
the appellant appears to have committed a mistake in understanding
the scheme but such mistake was bonafide in view of the prevailing
practice in the State of Bihar under which subsidy for such assistance
were envisaged only when the projects were in operation. In such view
of the matter, it was submitted, the appellant may be permitted to once
again approach the State Nodal Agency to assess the project for
making necessary recommendations on the basis of various
parameters and thereafter the application of the appellant may be
considered by the concerned authorities- Ministry of the Government
of India in accordance with law as well as the qualification and terms
and conditions laid down in the advertisement.
5. There is no difficulty in disposing of this case in view of
aforesaid submission. As submitted by the respondents, we make it
clear that the application of the appellant dated 22nd July, 2002, in
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case it is now recommended by the Nodal Agency, shall be considered
by the competent authority/ Ministry of the Government of India on
merits if the departmental authorities are persuaded to take a view
that the aforesaid mistake of the appellant is bonafide and fit to be
condoned in the interest of all concerned including the larger interest
to promote the establishment of such Industries in the State of Bihar.
Thus the entire discretion of examining the application of the appellant
is left to the wisdom of the concerned authorities who shall exercise
such discretion in accordance with law and by considering the
application as per the then prevailing scheme. Final decision should be
taken expeditiously and preferably within six (6) months from
communication/receipt of a copy of this order.
With this observation/ clarification the appeal is disposed of.
( Shiva Kirti Singh, J )
( Birendra Prasad Verma, J )
Patna High Court
Dated, the 22nd July, 2010
B.Tiwary/ N.A.F.R.