MAA BHAIRABI INDUSTRIES LLP Vs. STATE OF ODISHA

JUDGEMENT

(1.) The short question that arises for consideration in this writ petition is whether the benefit under the Orissa Food Processing Policy, 2013 (OFP Policy, 2013) can be sought to be withdrawn retrospectively and particularly after the Petitioner has altered its position in the expectation of grant of capital investment subsidy (CIS) as assured in the said policy ?

(2.) The Petitioner is a registered partnership firm, which is running a rice mill unit at Angul District in the State of Odisha. The Petitioner was issued by the District Industries Centre, Angul (DIC) (Opposite Party No.3) an acknowledgement on 12/5/2015 for establishment of a rice mill with reference to online application submitted by it on 9/5/2017. The date of the first fixed capital investment was taken as 12/5/2015.

(3.) On 29/5/2017, the DIC received the Petitioner's application form for grant of CIS under the OFP Policy, 2013 enclosing all the relevant documents. Importantly, it was mentioned therein that the Petitioner had completed the construction of new 8 ton per hour (TPH) parboiling rice mill plant at Mukundapur, District Angul and had already obtained DIC registration on 22/5/2017.