Madan B. Lokur, J. - (1.) Leave granted. The challenge in this appeal is to the judgment and order dated 3rd April, 2014 passed by the Calcutta High Court in A.S.T. No. 158 of 2013 with A.S.T.A. No. 93 of 2013.
(2.) The Appellants invited applications for selection of regular LPG distributors by a brochure issued in April, 2011. The eligibility criterion for individual applicants is mentioned in paragraph 7(vi) of the brochure. This requires that the applicant should own a plot of land of adequate size (within 15 km from municipal/town/village limits of the location offered in the same State) for construction of godown for storage of 8000 kg of LPG in cylinders or ready LPG cylinder storage godown as on the date of application. Towards of the end of Clause (vii) of paragraph 7, there is an item which says "Reference vi and vii above" and this deals with ownership and it reads as follows: Own' means having ownership title of the property or registered lease agreement for minimum 15 years in the name of applicant/family member as defined in multiple distributorship norm of eligibility criteria.
(3.) Pursuant to the brochure and the advertisement issued by the Appellants, the Respondent submitted an applications on 13th September, 2011. In the application, against column No. 9, it was mentioned that the date of registration of sale deed/gift deed/lease deed/deed of mutation, as far as the Respondent is concerned is 13th September, 2011.;