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High Court of Uttarakhand · body

2026 DAILYLAW 6321 (UTT)

RK SOLAR POWERTECH PRIVATE LIMITED v. UNION OF INDIA

WPMS/1657/2026 · 2026-06-02

Pankaj Purohit

body2026

Judgment text

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2026:UHC:4402 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No.1657 of 2026 Hon'ble Pankaj Purohit, J. Mr. Suryakant Maithani, learned counsel for the petitioner. 2. Mr. Devendra Pant, learned S.C. with Ms. Swati Verma, learned B.H. for the State/ respondent nos.1 and 2. 3. Mr. Saurav Adhikari, learned S.C. for the Union of India/respondent nos.3 and 4. 4. By means of this writ petition, petitioner has sought quashing of notice dated 30.07.2024 (Annexure No.1) and letter dated 09.11.2023 (Annexure No.2) to the extent of rejecting registration of petitioner under the Industrial Development Scheme, 2017. 5. Learned counsel for petitioner at the outset submitted that the case of petitioner is squarely covered by a judgment and order passed by the High Court of Himachal Pradesh, wherein, aforesaid communications dated 30.07.2024 and 09.11.2023 were the subject matter, and various other writ petitions, filed in the High Court of Himachal Pradesh, were allowed by the learned Single Bench of the Hon’ble High Court of Himachal Pradesh. The Letters Patent Appeal (LPA) there-against was also dismissed. 6. The judgment and order passed by learned Single Judge as well as learned Division Bench in LPA of High Court of Himachal Pradesh attained finality up to the Apex Court. 7. It was provided by High Court of Himachal Pradesh that the matter relating to registration of unit shall be considered by the Empowered Committee as per Clause 6.1 of policy of the Department of Industrial Policy and Promotion (D.I.P.P.) and the Empowered Committee shall be chaired by the Secretary of the said Department and it was observed that each case shall be examined individually by the Empowered Committee and the entire exercise shall be conducted within a period of four months from the date of order passed by the High Court of Himachal Pradesh. 2026:UHC:4402 8. Learned counsel for petitioner also submitted that the present matter is also squarely covered by the judgment passed by this Court vide order dated 12.03.2026 in WPMS No.559 of 2026 Neeraj Gupta Vs. Union of India and Ors., and Batch of writ petitions, whereby, these writ petitions were allowed. 9. Learned counsel for respondents also do not oppose the said fact that the matter is squarely covered by judgment passed by this Court vide order dated 12.03.2026 in WPMS No.559 of 2026 Neeraj Gupta Vs. Union of India and Ors., and batch and the present writ petition may be disposed of in the terms of the said order. 10. Accordingly, the present writ petition is allowed. The Empowered Committee chaired by the Secretary of Department of Industrial Policy and Promotion (D.I.P.P.) shall consider the case of petitioner separately within a period of four months from the date of production of certified of this order for grant of incentives under the Scheme of 2017 floated by respondent nos.1 and 2. (Pankaj Purohit, J.) 02.06.2026 R.Dang