- (1.) THIS appeal is directed against the judgment and order dated 14th June, 2005 passed by the learned Single Judge dismissing the writ petition, being WP (C) No. 2248 of 2005, filed by the appellant herein, in which the appellant had claimed exemption from payment of Annual Minimum Guarantee (hereinafter to be referred to as "A.M. G.") charges under the Industrial Policy of 1995.
(2.) THE appellant set up a Cement Manufacturing Unit and applied to the Department of Industries for grant of Industrial License under the Small Scale Sector. The appellant also applied for an electric connection of 100 KVA which was sanctioned by the Electrical Executive Engineer, Giridih, by letter dated 14th January, 2000. After completion of all requirements and formalities, including execution of an agreement, the electric connection to the petitioner 'smanufacturing Unit was energised on 6th December, 2000. Admittedly, the appellant started commercial production with effect from 18th January, 2001. Subsequently, in June, 2001, the appellant was served with a bill of A.M.G. charges for the period 2000 -01 Which was challenged by the appellant in WP"(C) No. 2946 of 2001 and the same was disposed of on 27th January, 2003 with a direction to the writ petitioner to file a representation before the General Manager -cum -Chief,, Engineer, Hazaribag. The matter was disposed of by the said authority on 21st March, 2005 upon a decision being taken that the appellant herein was not entitled to exemption from payment of A.M.G. charges for five years as such benefit was given to Units between 1st April, 1993 to 31st" August, 2000. The -said order of the General Manager -cum -Chief Engineer rejecting the claim of the appellant for grant of exemption from payment of A.M.G. charges was again challenged by the appellant in WP (C) No. 2248 of 2005 which, as indicated hereinabove, was dismissed by. the learned Single Judge. Amitabh Choudhary Versus State Of Jharkhand Admittedly, the State of Bihar came up with an Industrial Policy in 1995 whereunder the Government was desirous of giving the benefit of exemption from pay -merit of A.M.G. charges for new Industrial Units having connected load upto 500 KVA under Clause 9.6 of the said Policy. Vide Notification No. 3493, dated 3rd September, 1996, the State of Bihar in its Energy Department decided to exempt from payment of Minimum Guarantee Charges for a period of five years such Units which had come into production between 1st September, 1995 to 31st August, 2000. Inasmuch as, the appellant had started production thereafter on 18th January, 2001, the learned Single Judge was of the view that the appellant/writ petitioner was not entitled to any benefit under the said Policy of 1995. Aggrieved by the order of the learned Single Judge, the appellant has preferred the instant appeal.
(3.) APPEARING in support of the appeal, Mrs. A.R. Choudhary, learned Advocate, submitted that even if the appellant - Company was not entitled to the benefit of exemption from the payment of AMG charges under the 1995 Industrial Policy, the appellant was entitled to such exemption under the subsequent Policy issued by the State of Jharkhand in the year 2001 where similar benefits had been indicated in Clause 15.2.11 which, inter alia provides for exemption from payment of Minimum Guarantee Charge in respect of new Industrial Units having connected load up to 500 KVA or equivalent HP. The said Policy of 2001 prescribes that the effective dates from which this policy comes into force will be from 15th November, 2000 till 31st March, 2005. Mrs. Choudhary submitted that since the Unit of the appellant had started production on 18th January, 2001, the benefit under the Policy should have been made applicable to such Unit, but till today, no notification has been issued which has had the effect of denying the benefits of the Industrial Policy to New Industrial Units, as was intended to be given by the Jharkhand Government.;