PREMIUM COKE MANUFACTURING CO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Biron Poddar, learned Counsel for the petitioner and learned Government. Advocate for the respondents.

(2.) BY this writ application, the petitioner has prayed for issuance of a writ of mandamus commanding upon the respondents to provide capital Investment Subsidy (hereinafter to be referred to as 'the Subsidy') as provided under the Bihar Industrial Policy, 1986 (hereinafter to be referred to as 'the Policy') to the tune of 3,8,50,799/ .

(3.) NOW a counter affidavit has been filed on behalf of the respondents wherein it has been stated that the policy as such as enumerated in the year 1986 is no more available to the petitioner by virtue of the operation of the notification of the State Government dated 21.2.1990 as contained in Annexure B to the counter affidavit. From base reading of Annexure B to the counter affidavit, it appears to us that the Subsidy was not made available to the Units which were shown in the notification's list of the State Government issued from time to time as contained in Annexure II. The petitioner's Unit is a Coal and Coke Manufacturing Unit which has been mentioned in Item No. 11 of Annexure II to the notification.