LAWS(PAT)-2006-10-55

SITA FLOUR MILLS LTD. Vs. STATE OF BIHAR

Decided On October 13, 2006
Sita Flour Mills Ltd. Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) ORDER Heard.

(2.) WITH the consent of the parties this writ application has been and is being disposed of at the admission stage itself.

(3.) IN 1986 the State Government came up with an industrial incentive policy, which inter alia, provided for an incentive to purchase electric generator for captive consumption of electricity, keeping in view of shortage of electricity and dependence of industry on industrial power. The petitioner asserts that being allured by the said policy he decided to set up the present modern flour mill. The unit was commissioned in 1986 and as such he was governed by the said policy which apply to all industrial units, which was coming into production between 1986 -1991. It is not in dispute that he did not purchase the generator upto 1991 when the policy expired and was replaced by industrial incentive policy of the State Government of the year 1991. That policy did not have any such incentive. It is later in the year 1995 the petitioner decided to purchase a generator. Having purchased the same he applied for subsidy as contemplated under 1996 (Sic - 1986?) Industrial Policy which was refused.