IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.592 of 2009 AJAY KUMAR, S/O RAM CHANDRA PANJIYAR, R/O MOHALLA – RAHAMGANJ, P.O. – LALBAGH, P.S. – LAHERIA SARAI, DISTT. – DARBHANGA …………………………………..….. PETITIONER / APPELLANT Versus 1. THE EAST CENTRAL RAILWAY THROUGH ITS GENERAL MANAGER, HAJIPUR AT P.O., P.S. & DISTT. – VAISHALI AT HAJIPUR, 2. THE DIVISIONAL RAIL MANAGER, EAST CENTRAL RAILWAY, SAMASTIPUR, AT P.O., P.S. & DISTT. – SAMASTIPUR, 3. THE DIVISIONAL RAIL MANAGER (COMMERCIAL), EAST CENTRAL RAILWAY, SAMASTIPUR, AT P.O., P.S. & DISTT. – SAMASTIPUR, & 4. THE ASSISTANT COMMERCIAL RAIL MANAGER, OFFICE OF D.R.M., SAMASTIPUR, EAST CENTRAL RAILWAY, SAMASTIPUR, AT P.O., P.S. & DISTT. – SAMASTIPUR …. ………………………………RESPONDENTS / RESPONDENTS. ----------- 4. 11.05.2009. Heard the parties. The appellant claims to have submitted his tender for setting up a telephone booth on one or other platform of Darbhanga Railway Station pursuant to a Notice inviting tenders issued by the Indian Railways. It has been submitted that due to oversight and inadvertent mistake, the place where the appellant wanted to establish a telephone booth was not mentioned on the envelope although the place was given in the tender papers. The railway authorities had issued a composite Tender Notice inviting tenders for similar work at different Railway Stations and, hence, they rejected such tender 2 papers which did not indicate the specific place on the envelope itself. It has been submitted that the tenders have not been finalised as yet and since tender papers are otherwise complete they should not be rejected because of oversight in mentioning the concerned place on the envelope itself. Lastly, it has been submitted that in identical situation, L.P.A. No. 352 of 2009 has been allowed to a limited extent by order dated 21.04.2009. That order passed in L.P.A. No. 352 of 2009 shows that this Court directed the concerned respondents to consider the tender papers of the petitioner of that case also for setting up a telephone booth at Darbhanga, if the tender had not been finalised as yet. We also allow this appeal in the same terms, to the extent indicated above. dk ( Shiva Kirti Singh, J. ) ( Dr. Ravi Ranjan, J. )