2022 (12) TMI 328

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.... challenging the order dated 30.06.2016 by which the authority rejected the application filed by the appellant for granting the incentive in respect of fourth quarter up to 31.10.2012. The Government of West Bengal notified the West Bengal Industrial Promotion Assistance to Industrial Enterprises (scheme) with effect from 01.01.2010 with the object to encourage manufacturing goods in West Bengal and to take care of the financial need for expansion of their capacity, modernization and improving their marketing capabilities. The appellant filed an application in terms of paragraph 4 of the said scheme for the relevant period and the benefit was allowed from time to time except the quarter ending 30.06.2012. In terms of the scheme, such applic....

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....sence of any material, rejected the contention of the appellant. 2. Secondly the appellant was non suited on the ground of delay and latches stating that they had waited for nearly four years that is till the year 2016 and thereafter till 2019 when they filed the writ petition. 3. Thirdly, the learned Writ Court found that in the absence of any violation of principles of natural justice and in the absence of any perversity in the action of the authority no relief can be granted to the appellant. Aggrieved by such order, the appellant is before us by way of this appeal. 4. We have heard Mr. Vinay Kumar Sharaff assisted by Ms Priya Sharaff Paul, learned advocates for the appellant and Mr. Soumitra Mukherjee, learned Government Counsel for ....

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....under the scheme. In the absence of any power conferred on the authority to entertain an application beyond the period stipulated, we will be required to examine as to whether the discretion vested in this court under Article 226 could be exercised in the given facts and circumstances. However our task has become easier since the scheme itself provides for entertaining applications beyond the period stipulated in deserving cases. The ordinary dictionary meaning of the word deserving is "meritorious" a person who deserves another chance. In other words, if in the opinion of the officer, the case of the appellant is meritorious nothing prevents the officers from granting relief. More particularly, when in respect of other period during the re....