BIHAR INDUSTRIES ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though the present writ petition has been filed at the behest of the Bihar Industries Association, for issuance of various directions upon the Industry Department, Government of Bihar, Patna, pertaining to grant of the benefits of capital subsidy and various other incentives under the Industrial Incentive Policy, 2011 and the Food Processing Policy, 2008, notified by the Government of Bihar, however, realizing the fact that individual cases of individual industries are to be dealt with individually and no order can be passed in rem, the learned Senior Counsel for the petitioner, though seeks not to press the present writ petition but seeks a direction upon the Industries Department as also upon the State Investment Promotion Board (SIPB) and the Project Approval and Managing Committee (PAMC) to comply with the directions issued by the learned Division Bench of this Court vide judgment dtd. 29/7/2019, passed in the case of M/s Sunny Stars Hotel Pvt. Ltd. vs. the State of Bihar and Others (CWJC No. 12104 of 2018) and other analogous cases, as upheld by the Hon'ble Supreme Court of India vide order dtd. 17/1/2020 passed in SLP (C) Diary No. 43744/2019 (converted into SLP (C) No. 1878 of 2020).

(2.) The learned counsel for the Respondent-State submits that since the judgment, passed by the learned Division Bench of this Court in the case of M/s Sunny Stars Hotel Pvt. Ltd. (supra), has been upheld by the Hon'ble Apex Court, it is imperative for the Respondent-State of Bihar to follow the same and the Respondent authorities would not shirk from complying with the directions issued and the law laid down therein.

(3.) Having regard to the aforesaid facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with an observation that it would be incumbent upon the Respondents to adhere to the directions, issued by the learned Division Bench of this Court in the case of M/s Sunny Stars Hotel Pvt. Ltd. (supra), especially the conclusions recorded therein, which are reproduced herein below:-