( 2025:HHC:20182 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.9933 of 2025 Decided on: 27th June, 2025 M/s Theon Pharmaceutical Ltd. .......Petitioner versus State of H.P. and others ...Respondents Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting?1 For the petitioner: Mr. Shrawan Dogra, Senior Advocate with Mr.Manik Sethi, Advocate. For the respondents: Mr. Anup Rattan, A.G with Mr.Ramakant Sharma, Addl. A.G and Ms.Sharmila Patial, Addl. A.G. Tarlok Singh Chauhan, Judge (Oral) The instant petition has been filed for grant of the following substantive reliefs:- “A. Issue an appropriate writ to direct the respondent-State that the ratio of decision rendered by this Hon’ble Court in judgment dated 07.05.2025 in CWP 1667/2021 (Annexure P-2) shall apply mutatis-mutandis to the case of the petitioner. B. Issue an appropriate writ to quash clause 5B of the 2019 policy along with its enabling rules to the extent of its states, “Whichever is later”, as the same is itself 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. ( 2025:HHC:20182 ) against the Industrial Policy 2019 r/w the judgments of the Hon’ble Supreme Court as stated above. C. Issue an appropriate writ to direct the Respondent-State to issue enabling notification under Clause 5B of the Policy to disburse the benefits in terms of Clause 16(a) of the policy.” 2. Learned Additional Advocate General has placed on record instructions dated 26.06.2025, relevant portion whereof reads as under:- “Kindly refer to your office letter dated 23.06.2025 vide which the direction of Hon'ble Court to file reply to the petition, was conveyed. In this regard, it is submitted that the Hon'ble Court in the similar matter of CWP No. 1667/2021 titled as M/s Kundlas Loh Udyog V/s State of HP vide its judgment dated 07.05.2025 has set aside Clause 5(B) of HPIIP, 2019 alongwith Rule, 4B(b) and 4 (F) of the Rules regarding grant of incentives, concessions and facilities for investment promotion in HPIIP, 2019 to the extent they are inconsistent with the Industrial Policy, 2019 is under consideration. In pursuance, thereto, the matter is under consideration at the department level and having been involvement of policy decision, the matter is also required to be taken up with the Government and in order to take appropriate decision, the process may likely to take sometime.” 3. Now that the respondents themselves have not disputed that the issue raised in this petition is squarely covered by the judgment rendered by this Court in CWP No.1667 of 2021, titled as M/s Kundlas Loh Udyog vs. ( 2025:HHC:20182 ) State of H.P and others, we deem it appropriate to allow this petition for the reasons as recorded in CWP No.1667 of 2021 (supra), which shall mutatis mutandis apply to the instant case. Ordered accordingly. 4. Consequently, respondents No.1 and 2 are directed to issue enabling notification under Clause 16(A) of the Industrial Policy, 2019 w.e.f. the date of commencement of production after substantial expansion i.e. 30.09.2020, within a period of four weeks from today. 5. The writ petition is disposed of in the aforesaid terms, so also the pending applications, if any. ( Tarlok Singh Chauhan ) Judge June 27, 2025 ( Sushil Kukreja ) (naveen) Judge