Shekhar B Saraf, J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner has challenged the validity/legality of award of a contract given by the Indian Oil Corporation Limited (hereinafter referred to as 'IOCL') to one Mr. Dipankar Ghosh, being the respondent No. 4 herein.
(2.) Mr. Saptangsu Basu, learned Senior Advocate appearing on behalf of the petitioner strenuously argues that the respondent No. 4 did not meet the eligibility criteria of providing a land as per specifications provided in the advertisement and brochure issued by the IOCL Mr. Basu's contentions are primarily in relation to two aspects - (a) firstly, that the portion of land that has been offered by the respondent No. 4 was less than the area of land that was required to be offered; and (b) that the land offered was partly "jal" (water) land, and therefore, the same was not suitable for the purposes of setting up of a petrol pump.
(3.) With regard to the first submission, Mr. Basu relied on the affidavit filed by the IOCL and indicated that with reference to the R.S. Dag No. 2731, three deeds have been provided by the Respondent No.4. The first deed is a sale deed for 2 decimals of land, the second deed is a sale deed for 3 decimals of land and the third deed is an exchange deed for 4 decimals of land.;