JUDGMENT Aftab H. Saikia, J. 1. Heard the learned Counsel representing the contesting parties. 2. Both the writ petitions carry the common question of law structured on almost similar and identical factual premises for which they were taken up together for analogous hearing and are being disposed of by this common judgment and order. 3. The basic issue raised herein pertains to appointment of Liquefied Petroleum Gas (for short, 'the L.P.G.') Distributorship in Guwahati in pursuance of advertisement dated 4.9.2000 issued by the Area Manager, Indian Oil Corporation Ltd. (Marketing Division) Indane Area Office, Noonmati, Guwahati-20/Official Respondents (for short, 'the IOC). 4. When in W.P. (C) No. 4931/2005, the Petitioner has questioned the allotment of dealership of the LPG by cancelling the impugned letter of intent dated 19.7.04 issued in favour of the Respondent No. 4, Shri Rupam Kumar Borthakur (Annexure-II to the W.P. (C) No. 6167/05), by means of W.P. (C) No. 6167/05, the said Rupam Kumar Borthakur, as the writ Petitioner, has sought for issuance of a writ of/or in the nature of Mandamus directing the I.O.C. to cancel/recall or otherwise forbear from giving effect to the impugned letter dated 27.06.05 (Annexure-XII appended to this writ petition) and to grant approval to the Petitioner to construct the LPG Godown over the plot of land in question earlier indicated by him for construction of such Godown. 5. The undisputed fact, as revealed from the pleadings of the parties, are that pursuant to the advertisement above mentioned, both the Petitioners in those writ petitions along with others applied for the selection for appointment of LPG distributorship in Guwahati and accordingly interviews were held from 20.11.03 to 23.11.03. On 23.11.03, a list short listing candidates in order of merit was published wherein Shri Rupam Kumar Borthakur, the writ Petitioner in W.P. (C) No. 6167/2005 was placed at SI. No. 1 when the Petitioner Gunavi Ram Das in W.P. (C) No. 4931/05 was placed at SI. No. 2. After such selection, the IOC issued the impugned letter of intent dated 19.7.04 offering Shri Rupam Borthakur the distributorship in Guwahati. 6. For the sake of convenience, it would be apt and necessary to take up W.P. (C) No. 6167/2005. 7. On careful reading of the letter of intent dated 19.7.04 issued by the IOC, it appears that one of the important conditions as regards the land was put as under: (a) Land. 6. For the sake of convenience, it would be apt and necessary to take up W.P. (C) No. 6167/2005. 7. On careful reading of the letter of intent dated 19.7.04 issued by the IOC, it appears that one of the important conditions as regards the land was put as under: (a) Land. You have stated in your application form during the interview that you are willing to transfer the land on ownership/long lease to Indian Oil Corporation Limited. Accordingly, you will make available a suitable plot of land as indicated by you within a period of 2 months from the date of this letter, after getting suitable clearance from us in writing for the particular plot of land. You are required to transfer the land on ownership/long lease for a minimum period of 15 years with one renewal option for next 15 years under such terms and conditions as may be agreed upon between you and Indian Oil Corporation Ltd. In case you fail to make available the suitable land within 2 months, this offer is liable to be withdrawn. However, there is no commitment from Indian Oil Corporation Limited for taking the said land from you. 8. It would also be pertinent to mention herein the relevant Clause which was inserted in the advertisement dated 4.9.2000 itself for appointment of Distributorship and the said 'Important Note' maybe reproduced herein below: (a) The Applicants should furnish along with the application, details of land for LPG Godown, which he/she may make available for the distributorship, (b) Considering the location of the land from the point of view commercial angle, the Applicants willing to transfer the land on ownership/long lease to the Oil Company at the rate acceptable to the Oil Company would be given preference, (c) If an Applicant, after selection, unable to provide the land indicated by him/her earlier, within a period of 2 (two) months, the allotment of the distributorship made to him/her would be cancelled. 9. In the instant case, upon thorough analysis the materials available on record, it transpires that initially the Petitioner offered a plot of land situated at village Hengrabari within Mouza Beltola under Dispur Police Station in the district of Kamrup. 9. In the instant case, upon thorough analysis the materials available on record, it transpires that initially the Petitioner offered a plot of land situated at village Hengrabari within Mouza Beltola under Dispur Police Station in the district of Kamrup. However, due to public complaint dated 13.9.2004 (Annexure-IV to the W.P. (C) No. 6167/05), the Petitioner could not construct Cylinder storage room/Godown therein within the stipulated period of 2 (two) months from the date of issuance of the letter of intend i.e. 19.7.2004 and accordingly he also failed to act in the terms of the conditions prescribed in the advertisement as indicated above. 10. On 26.10.04 only, the Petitioner in his trade name M/s Ankur Indane Agency informed the IOC offering a new plot of land situated at Pub Boragaon, Guwahati in lieu of the original plot of land that situated at Hengrabari on which he was unable to construct the required godown due to public complaint and accordingly, a request was made therein for approval of the present plot of land for construction of Cylinder storage room/Godown LPG (Annexure VI to the writ petition in W.P. (C) No. 6167/05). 11. It is seen that an agreement for sale of the present plot of land in question dated 18.10.04 has also been enclosed in this writ petition as (Annexure-V). 12. Meanwhile, the Petitioner made several representations dated 13.1.05 and 29.3.05 before the concerned authority for granting approval of a new plot of land so cited for construction of LPG Godown. Since no effective response came from the IOC, the Petitioner approached this Court through W.P. (C) No. 3577/05 and this Court by order dated 13.05.05 disposed of the said writ petition directing the IOC to dispose of those representations byway of a speaking order within a time frame of 4 weeks. 13. In compliance of the above direction of this Court, by the impugned letter dated 27.6.05, the IOC disposed of those representations by observing that in terms of the conditions laid down in the letter of intent dated 19.7.04, the Petitioner was required to construct LPG Godown in the plot of land itself which was indicated by him in his application seeking LPG distributorship in question. Referring to clause as indicated already as 'an important note' in the advertisement published for the subject location, it appears, the Petitioner was advised to take necessary approval for construction of LPG Godown on the subject plot as indicated by him in his application for early commissioning of the proposed distributorship within a period of two months from the date of issue of the said letter dated 27.6.05 failing which necessary action as deem fit would be taken. 14. It transpires from the record that the Petitioner instead of taking any action in pursuance of the impugned letter dated 27.6.05 within two months stipulated period, on 26.8.05 i.e. on the last date of expiry of the time frame as indicated in the letter dated 27.6.05 itself, has approached this Court through W.P. (C) No. 6167/05 and this Court by order dated 31.8.05 granted the interim relief in favour of the Petitioner restraining the IOC from taking any further decision in this matter. 15. Having carefully considered the facts and circumstances of the case in its entirety and also upon hearing the learned Counsel for the parties, it is found that as per terms and conditions laid down by way of an Important note, in the advertisement itself as mentioned above, an Applicant was required to furnish along with the application details of land for LPG Godown and if the Applicant after selection was unable to provide the land indicated by him/her earlier within a period of two months, the allotment of distributorship made to him/her would be cancelled. In the instant case, admittedly, the Petitioner, Shri Rupam Borthakur failed to comply with the conditions of the advertisement within a period of two months after selection. He was unable to construct LPG Godown on the land so cited and indicated by him in the application. Moreso, he also could not fulfil the conditions so prescribed in the letter of intent dated 19.7.04 for making available a suitable plot of land within a period of 2 months from the date of issuance of letter of intent. Record reveals that the proposal for approval of the entire plot of land was made only on 26.10.04 and that too after one month of the expiry of the two months of the time frame i.e. 18.9.2004 and the same appears to be in clear violation of the letter of intent dated 19.7.04. 16. Record reveals that the proposal for approval of the entire plot of land was made only on 26.10.04 and that too after one month of the expiry of the two months of the time frame i.e. 18.9.2004 and the same appears to be in clear violation of the letter of intent dated 19.7.04. 16. That being the position, this Court does not find any merit in this writ petition warranting interference with the impugned letter dated 27.6.05. 17. Consequently, the W.P. (C) No. 6167/05 stands dismissed. 18. Interim order passed earlier also stands vacated. 19. Now coming to the W.P. (C) No. 4931/05, it is seen that in the instant writ petition, in the affidavit filed on behalf of the Respondent-IOC in paragraph 22, it is averred that the correspondence with the second empanelled candidate can be made only after withdrawal of letter of intent from the first empanelled candidates. Since W.P. (C) No. 6167/05 is dismissed for the reasons, observations and discussions mentioned hereinabove, it is now open to the IOC/Respondents to consider the case of the Petitioner in this related writ petition, if permissible under the law. 20. Accordingly, this writ petition is disposed of.