JYOTIRMAY BHATTACHARYA, J. - (1.) THIS Mandamus Appeal is directed against the judgment and/or order passed by a learned Single Judge of this Court on 27th June, 2014 in W.P. No.65(W) of 2011, whereby the writ petition filed by the appellant herein was dismissed.
(2.) HENCE the instant Mandamus Appeal was filed by the writ petitioner.
(3.) DISPUTE involved in the writ petition relates to the appointment of a LPG distributor at Digha (U/R) in the District of East Medinipur. Both the writ petitioner and the private respondent No.3 applied for grant of LPG distributorship at Digha (U/R) in terms of the notice for appointment of LPG distributor published in 16th September, 2007. Their credentials were assessed individually by the concerned authority. The writ petitioner got 89.50% and the private respondent got 92.67%. The private respondent was, thus, selected for her appointment as LPG distributor at Digha. She was appointed as a distributor on 20th August, 2011. She is still continuing her business of distributorship. Duration of such distributorship is 5 years with an option of renewal. Long after the appointment of the private respondent as distributor of LPG gas at Digha, the writ petitioner complained against the selection of the private respondent as according to the writ petitioner, the private respondent failed to satisfy the condition contained in para 13.2 of the said notice of appointment. Para 13.2 of the said notice of appointment runs as follows: - "Showroom as per standard layout can be constructed in a shop/land located in the area of operation (trading area) of the advertised location for LPG distributorship and should be easily accessible to general public through a suitable approach road". It was contended by the writ petitioner that the showroom which was offered by the private respondent was not located in the area of operation (trading area) of the advertised location for LPG distributorship. This was the sum and substance of the complaint of the writ petitioner against the selection of the private respondent for her appointment as LPG distributor at Digha. To assess the substance of such contention of the writ petitioner, we have scrutinized the application submitted by the private respondent wherefrom it appears that the following land schedule was offered by the private respondent for her showroom: - JUDGEMENT_36_LAWS(CAL)12_2014.htm Before appointing the private respondent as distributor at Digha, the oil company made robing enquiry before various authorities, namely, District Magistrate of the concerned District, Block Land & Land Reforms Officer, Ramnagar -I, for ascertaining as to whether the land offered by the private respondent for her showroom is located within the area of operation, i.e., within Digha or not. To such query made by the oil company, the concerned authority informed the oil company that the land which was offered by the private respondent i.e., Mouza -Thikra, for showroom, is located within Digha i.e., within Digha Development Planning Area. After being confirmed that the land offered by the private respondent for showroom is located within Digha Development Planning Area, the private respondent was appointed as LPG Distributor at Digha. The writ petitioner felt aggrieved. She started a robing enquiry from various authorities to ascertain as to whether the land offered by the private respondent for showroom, in fact, is located within the Digha Development Planning Area or not. To demonstrate that Mouza -Thikra where the private respondent has a plot of land which she offered for her showroom is not within Digha trading area, the writ petitioner heavily relied upon the information given by the Pradhan of the local Gram Panchayat to the writ petitioner's learned Advocate vide letter dated 13th January, 2012. We have examined the information which was given by the Pradhan of the concerned Gram Panchayat to the learned Advocate of the petitioner wherein the Mouzas which are included in "Digha Urban" and the Mouzas which are included in "Digha Rural" area was mentioned with reference to the map of Ramnagar Block. The following Mouzas are included in "Digha Urban" area: - JUDGEMENT_36_LAWS(CAL)12_2014.htm ;