USHA MARTIN LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition, under Article 226 of the Constitution of India, has been filed seeking following reliefs:

(2.) The brief facts of the case, as per the pleadings made in the writ petition, is that the State of Jharkhand came out with an Industrial Policy known as "Jharkhand Industrial Policy Act, 2001" vide Notification No. 1888 dtd. 25/8/2001 making therein, inter alia, the provisions for encouraging the existing Industrial Units, who have expanded/modernized/diversified their units on 15/11/2000 or thereafter. After promulgation of the aforesaid Industrial Policy, the State in order to implement the aforesaid policies notified a rule known as "Jharkhand Udyogik Protsahan Niyamawali, 2003". It is the case of the petitioner that the writ petitioner submitted application seeking benefit under the said Industrial Policy for Capital Investment Subsidy but the same was rejected vide order dtd. 25/7/2012 as contained in Memo No. 2302 on the ground that the Screening Committee constituted under the Chairmanship of Chief Secretary vide its meeting dtd. 31/5/2012 has found that the application for capital investment subsidy filed by the petitioner after 8 (eight) years from the date of commencement of commercial production and 19 months from the date of issuance of certificate.

(3.) Mr. Shreenu Garapati, learned S.C. III appearing for the respondents-State of Jharkhand has submitted that the issue has already been decided by the Division Bench of this Court in L.P.A. No. 211 of 2012 vide order dtd. 13/6/2018, wherein this Court, after taking into consideration the period of limitation, i.e., filed after the period of six months, since the claim of the respondent/writ petitioner of the said Letters Patent Appeal has been rejected, herein also, the case of writ petitioner has been rejected since application for seeking the leave under the aforesaid policy decision has been filed after the period of six months.