ORDER : 1. Learned counsel for the appellants has preferred the present Spl. Appeal Writ with the following prayer: “It is, therefore, respectfully prayed that this special appeal may kindly be allowed and the record of the case ;may kindly be called for and examined and the impugned order passed by learned Single Judge dated 04.01.2019 may kindly be quashed and set aside and the writ petition filed by the respondents/writ-petitioners may kindly be dismissed with costs.” 2. Learned counsel for the appellants submits that while expanding the network, the PSU Oil Marketing Company was setting up the LPG distributorship for which the advertisement was preferred on 23.08.2017. The brochure of unified guidelines for selection of LPG distributor was also shown by learned counsel for the appellants, the relevant part of which is quoted hereinbelow: “1. DEFINITIONS ……. u. Family Unit for multiple dealership/distributorship norm means the following: i. In case of married person/ applicant, ‘Family Unit’ will consist of individual concerned, his/her Spouse and their unmarried son(s)/daughter(s). ii. In case of unmarried person/ applicant, ‘Family Unit’ will consist of individual concerned, his/her parents and his/her unmarried brother(s) and unmarried sister(s). iii. In case of divorcee, ‘Family Unit’ will consist of individual concerned, unmarried son(s)/unmarried daughter(s) whose custody is given to him/her. iv. In case of widow/widower, ‘Family Unit’ will consist of individual concerned, Unmarried son(s)/unmarried daughter(s). ……. w. ‘Ownership’ or “Own” for godown/showroom for Sheheri Vitrak, Rurban Vitrak, Gramin Vitrak and Durgam Kshetriya Vitrak Type of Distributorship means having: a. Ownership title of the property Or b. Registered lease deed having minimum 15 yrs of valid lease period commencing on any day from the date of advertisement up to the last date of submission of application as specified either in the advertisement or corrigendum (if any). Additionally, applicants having registered lease deed commencing on any date prior to the date of advertisement will also be considered provided the lease is valid for a minimum period of 15 years from the date of advertisement. Additionally, applicants having registered lease deed commencing on any date prior to the date of advertisement will also be considered provided the lease is valid for a minimum period of 15 years from the date of advertisement. The applicant should have ownership as defined under the term ‘Own’ above in the name of applicant/member of “Family Unit” (as defined in multiple dealership/distributorship norm of eligibility criteria)/parents (includes Step Father/Step Mother), grandparents (both maternal and paternal), Brother/Sister (including Step Brother & Step Sister), Son/Daughter (including Step Son/Step Daughter), Son-in-law/Daughter in-law of the applicant or the spouse (in case of married applicant) as on last date for submission of application as specified either in the advertisement or corrigendum (if any). In case of ownership/co-ownership by family member(s) as given above, consent in the form of a declaration from the family member(s) will be required. In case the share of land in the jointly owned property by the applicant/member of ‘Family Unit’ as defined in multiple dealership/distributorship norm)/parents & grandparents (both maternal and paternal) of the applicant or the spouse with any other person(s) meets the requirement of land including the dimensions required, then that land for godown/showroom should qualify for eligibility as ‘own’ land subject to submission of ‘No Objection Certificate’ in the form of declaration from other owner(s). …... 8. ELIGIBILITY CRITERIA FOR APPLICANTS A. …... j. Showroom: (Applicable only for Sheheri Vitrak, Rurban Vitrak, and Gramin Vitraklocations and not for Durgam Kshetriya Vitrak) The applicant should ‘Own’ a suitable shop for Showroom of minimum size 3 metre by 4.5 metre in outer dimension or a plot of land for construction of showroom of minimum size 3 metre by 4.5 metre as on the last date for submission of application as specified either in the advertisement or corrigendum (if any) at the advertised location i.e. within the municipal/town/village limits of the place which is mentioned under the column of ‘location’ in the advertisement. In case locality is also specified under the column of ‘location’ in the advertisement, the candidate should own a suitable shop of minimum size 3 metre by 4.5 metre in outer dimension or a plot of land for construction of showroom of minimum size 3 metre by 4.5 metre as on the last date for submission of application as specified either in the advertisement or corrigendum (if any) as per the standard layout in the said ‘locality’. It should be easily accessible to general public through a suitable approach road. In case an applicant has more than one shop of minimum size 3 metre by 4.5 metre in outer dimension or a plot of land for construction of showroom of minimum size 3 metre x 4.5 metre as on the last date for submission of application as specified either in the advertisement or corrigendum (if any) at the advertised location or locality as specified under the column of ‘location’ in the advertisement, the details of the same can also be provided in the application. The applicant should have ownership as defined under the term ‘Own’ above in the name of applicant/member of “Family Unit” (as defined in multiple dealership/distributorship norm of eligibility criteria)/ parents (includes Step Father/Step Mother), grandparents (both maternal and paternal), Brother/Sister (including Step Brother & Step Sister), Son/Daughter (including Step Son/Step Daughter), Son-in- law/Daughter in-law of the applicant or the spouse (in case either in the advertisement or Corrigendum (if any). In case of ownership/co-ownership by family member(s) as given above, consent in the form of a declaration from the family member(s) will be required. Applicants having registered lease deed commencing on any date prior to the date of advertisement will also be considered provided the lease is valid for a minimum period of 15 years from the date of advertisement. The same piece of land for showroom cannot be offered by more than one applicant for a particular location against the advertisement. In case it is found at any stage that the same piece of land for showroom has been offered by more than one applicant for the same location of the advertisement, then all such applications would be rejected or if selection has been done, then the same would be cancelled. ……. 18. FIELD VERIFICATION OF CREDENTIALS (FVC) …... In case it is found at any stage that the same piece of land for showroom has been offered by more than one applicant for the same location of the advertisement, then all such applications would be rejected or if selection has been done, then the same would be cancelled. ……. 18. FIELD VERIFICATION OF CREDENTIALS (FVC) …... b. During the FVC process, in case land mentioned by the applicant for godown/showroom in his application is found not meeting the eligibility conditions/requirements as stipulated in the advertisement/brochure/application form and if the applicant is having any alternate land in his name/member (s) of the family unit as per the definition of family unit for land of the applicant with date of registration of sale/lease on or before the last date for submission of application as specified either in the advertisement or corrigendum (if any), the same can be considered at the time of FVC. However, the same if considered has to be duly verified for its suitability during the FVC. In case at the time of FVC, it is found that the all weather motorable road providing access to the Godown land is not available and if the candidate expresses his/her inability to ever provide the same, the candidate can offer an alternate land meeting the eligibility criteria. Such alternate land if considered has to be duly verified during the FVC for its suitability for providing LPG godown and showroom facility as mentioned herein above. …….. 26. FURNISHING OF FALSE INFORMATION a. If any statement made by the applicant in the application or in the documents enclosed therewith or subsequently submitted in pursuance of the application at any stage is found to have been suppressed/misrepresented/incorrect or false affecting eligibility, then the application/candidature is liable to be rejected without assigning any reason. b. In case the selection of the candidate is rejected after the FVC or after issuance of LOI but before issue of Letter of Appointment, then the amount deposited by the selected candidate before the FVC is conducted i.e., 10% of the applicable security deposit will be forfeited. c. In case the selected candidate has been appointed as a distributor and the allotment is liable to be cancelled, then the distributorship will be terminated along with forfeiture of security deposit remitted by the candidate. c. In case the selected candidate has been appointed as a distributor and the allotment is liable to be cancelled, then the distributorship will be terminated along with forfeiture of security deposit remitted by the candidate. d. In all the above cases, the selected candidate/distributor will have no claim whatsoever against the respective PSU Oil Marketing Company. 27. GRIEVANCE /COMPLAINT REDRESSAL SYSTEM Any complaints received against an applicant will be disposed off as under:- a. Complainants will have to deposit Rs.5,000/- (Rupees Five thousand only) as complaint fees through a demand draft in favour of concerned OMC along with the complaint. Complaints which are not accompanied with the deposit of Rs. 5000/-will not be investigated. b. Anonymous complaints will normally not be investigated. c. Complaints received against the applicant will be investigated only if the applicant is selected in the draw. d. In case any complaint is received prior to draw alleging that the same land for godown/showroom has been offered by more than one applicant for a particular location, such complaint will be investigated and till its disposal, further action for conducting the draw will be kept in abeyance. e. Complaints will be entertained only if it is received by the concerned office of the OMC within 30 days from the date of declaration of draw result. f. On receipt of the complaint a letter will be sent to the complainant asking him to submit details of allegation within a period of 15 days with a view to prima facie substantiate the allegations along with supporting documents, if any. g. In case the complaint is received against the selected candidate but within 30 days from the date of declaration of result, the same will be examined and action taken as appropriate. h. In case of complaints not substantiated, the complaint will be filed and the complainant would be sent a reply accordingly. i. Established complaint: In case of established complaint, suitable action will be taken as per the decision and the complainant would be sent a reply accordingly. Complaint fees of Rs.5,000/- (Rupees five thousand only) remitted by the complainant shall be refunded only in case if such particular complaint leads to cancellation of candidature of the selected candidate.” 2.1. i. Established complaint: In case of established complaint, suitable action will be taken as per the decision and the complainant would be sent a reply accordingly. Complaint fees of Rs.5,000/- (Rupees five thousand only) remitted by the complainant shall be refunded only in case if such particular complaint leads to cancellation of candidature of the selected candidate.” 2.1. Learned counsel for the appellants further submits that the applicant/respondent on 22.09.2017 made an application for distributorship Gramin for a showroom and godown for the location Jodhiyasi, District Nagaur in category open women. The application disclosed the relationship of the land owner with the applicant as her daughter-in-law. On 29.11.2017 the respondent succeeded in the draw of lots and on 30.11.2017 a letter was issued issued by the IOCL to deposit Rs.40,000/- as security deposit. However, at that stage the candidature was liable to be rejected if during FVC it was found that information submitted is false/incorrect/misrepresented affecting the eligibility. On 04.12.2017 the documents were submitted along with the security by the respondent-applicant. On 30.01.2018 the Patwari report came. Thereafter the applicant’s candidature was rejected. Later, on 01.04.2018 the location at Jodhiyasi was re-advertised. 2.2 Learned counsel for the appellants also submits that the mandatory part of the requirement was that in accordance with Part 18 of the guidelines/brochure, particularly Part (b), the applicant was to have the registration of sale/lease on or before the last date of their application as specified in the advertisement or corrigendum and the same had to be considered at the time of FVC which is Field Verification of Credentials. 2.3 Learned counsel for the appellants further submits that admittedly at the time of FVC, the appellant did not have any registration of ownership/sale in her favour. Although the application was rejected on the ground that the land was not situated at the advertised location. Learned counsel thereafter has drawn the attention of this Court towards Annexure R/2/2 dated 29.01.2018 which denote that at the time of FVC the availability of the alternate land for the showroom was required. To the letter of the appellants, a categorical reply was filed via Annexure R/2/3 dated 29.01.2018 in which it was stated that she does not have any land at the advertised location. To the letter of the appellants, a categorical reply was filed via Annexure R/2/3 dated 29.01.2018 in which it was stated that she does not have any land at the advertised location. 2.4 Learned counsel for the appellants further submits that since clause 18(b) was operative and during FVC process the applicant was unable to point out any registration of sale/lease as on the FVC or at the time of the application which has to be registered in favour of the family member or the applicant. Therefore, no case of consideration is made out. 2.5 Learned counsel for the appellants also submits that at the time of rejoinder, for the first time respondents have came out with a stand of alternate land. 3. Learned counsel for the respondents-applicant submits that although the applicant is in position to demonstrate that she had a land owned by a family unit but at the same time the chronology of the events, could not be disputed by learned counsel for the appellants which clearly points out that during the process of FVC the applicant was given a letter to check for the availability of the alternate land for showroom as the location of the earlier land, disqualified her from the process upon which the answer was given in negative by the applicant. It is also not disputed that the applicant for the first time came out with the alternate land at appropriate location only in the rejoinder of the writ petition. 4. This Court with regard to the operation of Clause 18(b), finds that family unit part of it was discussed while dealing with the matter before the learned Single Bench. But at the same time, Clause 18(b) of FVC was operating and the consequential letter shows non-availability of the alternate land on the part of the applicant after the following communications were issued by the appellants vide Annexure-R/2/2 dated 29.01.2018 and responded by the applicant on the same date vide Annexure-R/2/3 dated 29.01.2018. 5. Since the applicant fails to qualify the requirement of the land during the FVC which is a mandatory part as per the brochure or unified guidelines for selection of LPG distributors, no case for the allotment to the respondent-applicant is made out. 6. Hon’ble Single Bench’s order is well reasoned and does not call for any interference. 7. Accordingly, the instant Spl. Appeal Writ is allowed. 6. Hon’ble Single Bench’s order is well reasoned and does not call for any interference. 7. Accordingly, the instant Spl. Appeal Writ is allowed. The impugned order dated 04.01.2019 is quashed and set aside.