PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):-

"1. That this is a petition seeking issuance of writ, order or direction in the nature of appropriate writ including the writ of mandamus for following reliefs:-

iv. For issuing a writ of certiorari or any other appropriate writ setting aside the email dated 08.06.2023 whereby and whereunder the claim of the petitioner under Bihar Industrial Incentive Policy, 2011 under the head of subsidy on investment in land/shed of plot under Industrial Area Development Authority (hereinafter referred to as "Subsidy") has been denied on the ground that the petitioner is not eligible since it is covered under Bihar Industrial Incentive Policy, 2006.

v. For issuing a writ of mandamus directing the respondents to pay the petitioner the subsidy amount.

vi. For any reliefs, direction/ directions for which the petitioner is entitled may be given.

3. It is the case of the petitioner that the petitioner has been denied the incentives offered under Bihar Industrial Incentive Policy, 2011 floated by the Government of Bihar. In this particular case, the petitioner is claiming the incentive of investment on land/shed of plot and the application of the petitioner for the said incentive has been rejected on the ground that the petitioner's unit comes under Bihar Industrial Incentive Policy, 2006 and under the 2011 Policy.

4. Learned counsel for the petitioner submits that the petitioner has submitted a proposal for establishment of the unit in the month of July, 2010 and, thereafter, the approval was communicated to the petitioner vide letter dated 13.08.2010. That the lease deed was executed in favour of the petitioner vide registered lease deed on 02.05.2011. Learned counsel has stated that the Bihar Industrial Incentive Policy, 2011 came into effect from 01.07.2011 and under the said policy, number of incentives were offered to industrialists who are willing to establish units in the State of Bihar. That the petitioner has been given some incentives under 2011 Policy like reimbursement of VAT, Capital investment on plants and machinery, subsidy on DG sets etc. However, the authorities have rejected the application of the petitioner for grant of incentive under the head of investment in land/shed of plot under 2011 Policy solely on the ground that the petitioner was granted SIPB approval on 13.08.2010 and comes under the Bihar Industrial Incentive Policy, 2006. Learned counsel has stated that for the purpose of granting the incentive, the date of SIPB approval is not the relevant criteria for deciding the eligibility of the petitioner but as a matter of fact, the petitioner is entitled for grant of the above incentive from the date of production which admittedly is 08.11.2011. Learned counsel has taken this Court to the relevant provisions of 2011 Policy and also the 2006 Policy to support his case. Learned counsel has distinguished the various incentives and the differences that are existing between two policies and also the relevant orders granting the incentives under 2011 Policy. Learned counsel has therefore, prayed this Hon'ble Court to set aside the impugned order dated 08.06.2023 by allowing the present writ petition and consequently, direct the respondents to grant the above incentive under 2011 Policy.

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