KAUSIK CHANDA,J. - (1.) The matter pertains to the allotment of a petrol pump in Birbhum on Nanoor Chandidas Road.
(2.) The appellant-petroleum company invited bids from interested persons and the essence of the long and confusing clauses in the tender documents was that candidates would be considered in three groups where Group-I would be such candidates who owned the requisite land on their own or with the support of defined family members; Group-II candidates would be those who had firm offers from third parties regarding the requisite area of land; and Group-III candidates would be those who did not have any land at all but were willing to obtain land for the purpose. The documents clearly indicated that Group-I candidates would be considered ahead of Group-II and Group-II ahead of Group-III. In other words, if, for a particular dealership at an area, a suitable Group-I candidate was discovered, the Group-II and Group-III candidates would not be considered at all.
(3.) On the basis of the definition of who could be regarded as the family member of a candidate, Group-I was sub-divided into four sub-groups: where the candidate owned the requisite land; where the candidate owned the requisite land with members of his family; where the candidate or any family member of the candidate owned the land with third parties and where the land was owned by government or semi-government bodies who were entitled to participate in the process. Group- II consisted of candidates with supporting affidavits of requisite land from third parties.;