Disposed
Jai Bharat Gum and Chemicals Ltd. v. State of Haryana and Ors.
Punjab & Haryana HCLPA/330/2012
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of 2012 - 1 – HIGH COURT OF PUNJAB AND…
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LPA No.330 of 2012 (O&M) Date of Decision: 11.02.2013
Jai Bharat Gum & Chemicals Ltd.
. . . . Appellants
VS.
State of Haryana & Ors.
. . . . Respondents
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Rishabh Singla, Advocate for
Mr. Ashok Aggarwal, Senior Advocate for the appellant
Mr. Ravi Dutt Sharma, DAG Haryana
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(1). The appellant is aggrieved by an order dated January 21, 2011 passed by learned Single Judge whereby CWP No.465 of 2010 has been disposed of with an observation that the appellant has made out a case for consideration of its claim for release of freight subsidy incentives for the period prior to the year 2009. The matter was, however, left to the discretion of the State Government to take an appropriate decision.
(2). After hearing learned counsel for the parties we passed following order on December 4, 2012:-
“Learned Single Judge, vide order dated 21.1.2011, which is the subject matter of this appeal has
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directed the State Government to consider the claim of the appellant for the release of incentive for the year 2006-2007 i.e. period prior to 20.6.2009. It appears that no decision has been taken so far.
Let the Competent Authority take an appropriate decision in the light of the observations made by the learned Single Judge and convey it to the appellant before the next date of hearing.”
(3). In compliance thereto, the State of Haryana has considered and rejected the appellant’s claim vide an order dated 04.02.2013, a copy whereof has been handed over to counsel for the appellant.
(4). In these circumstances, when the discretion left to the State Government to decide the appellant’s claim stood modified vide order dated December 4, 2012 with a time-bound direction and the respondents on consideration thereof, have turned down the appellant’s claim, the only recourse now left with the appellant is to challenge the order dated 04.02.2013 before an appropriate forum and to take grounds as are taken herein.
(5). With liberty afore-stated, the appeal stands disposed of.
(6). Dasti .
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1 issue framed by the court
Whether the appellant's challenge to the rejection of its freight subsidy claim lies within the scope of the appeal.
Jai Bharat Gum & Chemicals Ltd.
State of Haryana & Ors.
As recorded by the court registry
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