SRI SAI INDUSTRIES Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed, seeking the following reliefs :-

(2.) The short submission for consideration, advanced by the learned counsel for the petitioner is that vide Annexure-2 to the writ petition, the petitioner-Unit has been granted approval by the S.I.P.B. in its meeting held on 17.07.2014, however the Principal Secretary, Industries Department, Government of Bihar, Patna by the impugned order dated 31.08.2018 has rejected the case of the petitioner for grant of Capital Subsidy on the ground that after the recommendation/ consent of the S.I.P.B., approval has not been granted by the competent authority. In this regard, the learned counsel for the petitioner has referred to a judgment rendered by the learned Division Bench of this Court dated 29.07.2019 passed in CWJC no. 12104 of 2018 (M/s Sunny Stars Hotels Private Limited v. the State of Bihar and others), relevant paragraphs whereof, are reproduced hereinbelow :-

(3.) The learned counsel for the petitioner has submitted that it is apparent from the aforesaid judgment rendered by the learned Division Bench of this Court and affirmed the Hon'ble Apex Court, that once the State Investment Board (S.I.P.B.) grants approval, there is no requirement of any further approval by any other authority, much less the competent authority, hence the order impugned dated 31.08.2018 is contrary to the principles enunciated by the learned Division Bench of this Court in the case of (M/s Sunny Stars Hotels Private Limited (supra).