SANJAY KUMAR DWIVEDI,J. - (1.) Mr. Sumeet Gadodia, the learned counsel appears for the petitioner and Mr. Sumeet Prakash, the learned AC to SC-IV appears on behalf of the respondent-State.
(2.) The petitioner has preferred this writ petition for a direction to grant all benefits under the Jharkhand Industrial Policy, 2001, especially interest subsidy for the years 2010-11, 2011-12 and 2012-13 for which the petitioner has filed the writ petition. It is further prayed for quashing the letter dated 10.08.2013 contained in Annexure-16 by which General Manager, District Industries Centre, Hazaribagh wrote to the petitioner that decision has been taken to re-fix the date of commencement of commercial production. Prayer is also made for quashing letter no.1599 dated 31.12.2013 contained in Annexure-18 issued by the General Manager, District Industries Centre, Hazaribagh directing the petitioner to produce various documents for the purpose of re-fixing the date of commencement of commercial production.
(3.) Mr. Sumeet Gadodia, the learned counsel appearing for the petitioner submits that after creation of the State of Jharkhand an Industrial Policy has been framed and formulated to achieve the expected industrial growth and the districts of the State have been categorized into three categories as per the Jharkhand Industrial Policy, 2001. He submits that the effective date in terms of Clause-1 of the definition was 15.11.2000. The State Government vide notification dated 20.03.2006 changed the category of certain areas but the District of Hazaribagh remained in Category-B. Petitioner's unit is situated in the district of Hazaribagh, but somewhere in 2007 a separate district of Ramgarh was carved out and the petitioner's unit fall under the Category-B. Mr. Gadodia, the learned counsel submits that Clause 29.5 of the Jharkhand Industrial Policy deals with Interest Subsidy. He submits that the technical officer of the District Industrial Centre, Hazaribagh visited the factory premises of the petitioner and the said team examined the various records, such as, (i)EM No.20/024/12/00173 dated 13.08.2010, (ii) Commercial Tax Department Registration certificate No.20251906575 dated 11.02.2010, (iii) Central Excise and ST Certificate dated 20.10.2009, (iv) CST certificate dated 18.02.2010, (v) Factory Licence No.71058 HZB dated 13.02.2010 and (vi) NOC obtained from the Jharkhand State Pollution Control Board, applied for, (vii) The unit has obtained 450 KVA fixed from Electricity Supply JSEB, Hazaribagh, (viii) The unit has been registered under the Companies Act, 1956 with the Registrar of Companies, West Bengal, (ix) Letter of loan sanctioned from Punjab National Bank, Ramgarh and (x) List of plant and machinery, copy of sale deed, electricity bill and copy of project report. He further submits that in view of the Annexure-4 which is the document issued under the signature of General Manager, District Industries Centre, Hazaribagh dated 21.08.2010 evidencing that the petitioner's unit has gone into commercial production on 03.03.2010. He submits that Government of Jharkhand also issued Factory Licence to the petitioner under Rule 4 to 10 of the Bihar Factories Rules, 1950 and Section 6(1)(d) of the Factories Act, 1948 for the calendar year 2010-11, 2011-12 and 2012-13. He submits that the Registration Certificate issued by the Commercial Taxes Department, Government of Jharkhand is in favour of the petitioner with effect from 11.02.2010 which is apparent from the Annexure-6 to the writ petition. The Certificate of Registration issued under the provisions of CST (Registration and Turnover) Rules on 20.02.2010 making the same effective from 18.02.2010 has been brought on record by way of Annexure-7 to the writ petition. The Project Report/Feasibility Report was also prepared which is apparent from Annexure-8 to the writ petition for setting up the unit was Rs.3.44 Crores. Mr. Gadodia, the learned counsel submits that the General Manager, District Industries Centre also issued a certificate regarding date of commercial production in which it was stated that on the basis of the examination of papers and inspection report by the team, it is concluded that the Unit has gone into commercial production on 03.03.2010. In view of the Industrial Policy, the petitioner has applied for capital investment subsidy through the General Manager, District Industries Centre on 21.08.2010, the said document is contained in Annexure-9 to the writ petition. By way of referring Annexure-10 to the writ petition, Mr. Gadodia, submits that the petitioner unit was inspected on 23.08.2010 and thereafter the General Manager, District Industries Centre, Hazaribagh vide his Memo No.878 dated 04.09.2010 recommended for grant of Capital Investment Subsidy for a sum of Rs.25 Lacs. Annexure-11 to the writ petition suggests that a meeting was held on 25.11.2010 of the State Level Committee and in the said meeting decision regarding eight industrial units were considered wherein the petitioner unit's name appear at sl.no.4 and it was decided that the petitioner is entitled for Capital Investment Subsidy of Rs.25 Lacs. Mr. Gadodia submits that a sum of Rs.25 Lacs was even disbursed to the petitioner by way of Capital Investment Subsidy under the provisions of Jharkhand Industrial Policy, 2001, this fact is stated in paragraph no.26 of the writ petition. The petitioner made an application for grant in interest subsidy for the financial year 2010-11 and 2011-12 dated 28.09.2012 and 27.09.2013 respectively along with the requisite documents. He further submits that the petitioner has made an application for grant of NOC before the Jharkhand State Pollution Control Board which was received by the said department on 29.10.2009. He submits that the Jharkhand State Pollution Control Board provided NOC (Consent to Establish) on 17.08.2010 and thereafter the petitioner immediately submitted its application for 'consent to operate' on 25.09.2010 which is crystal clear from the Annexure-14 to the writ petition. He further submits that in view of the Annexure-15 the petitioner received Consent to Operate from Jharkhand State Pollution Control Board for the period 25.09.2010 to 30.09.2011. He submits that all of a sudden by Annexure-16 the District Industries Centre, Hazaribagh, wanted redetermination of the date of commencement of commercial production in view of certain letters issued by the Secretary, Industry Department and pursuant to that letter dated 10.08.2013 was issued by the said District Industries Centre, Hazaribagh directing the petitioner to submit certain documents. The petitioner replied to the aforesaid letter on 13.08.2013 and requested that in the light of various documents it be continued to be as an entrepreneur under the Jharkhand Industrial Policy, 2001 and its date of commercial production to continue, as it was granted vide Memo No.827 dated 21.08.2010 to be 03.03.2010. The another letter dated 30.12.2013 was issued by the General Manager, District Industries Centre, Hazaribagh wherein the petitioner was asked to furnish certain documents for redetermination of the date of commercial production. ;