IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.352 of 2009 VIJAY KUMAR ANAND, S/O RAM CHANDRA PANJIYER, R/O MOHALLA-RAHAMGANJ, P.O. LALBAGH, P.S. LAHERIA SARAI, DISTRICT-DARBHANGA. -APPELLANT Versus 1. THE UNION OF INDIA THROUGH ITS COMMISSIONER- CUM-SECRETARY, DEPARTMENT OF RAILWAY, GOVT. OF INDIA, NEW DELHI. 2. ZONAL MANAGER, EAST CENTRAL RAIALWAY, HAJIPUR, DISTRICT-VAISHALI, BIHAR. 3. DIVISIONAL RAIL MANAGER (Ba), EAST CENTRAL RAILWAY, SAMASTIPUR, BIHAR. 4. ASSISTANT COMMERCIAL RAIL MANAGER, EAST CENTRAL RAILWAY, SAMASTIPUR, BIHAR. 5. STATION SUPERINTENDENT (RAIL), DARBHANGA UNDER DRM SAMASTIPUR. -RESPONDENTS ----- FOR THE APPELLANT : Mr. SHAHNAWAZ ALI FOR THE RESPONDENTS:M/S CHITTARANJAN SINHA & SIDDHARTHA PRASAD. 3 21.04.2009 Railways issued a tender for settling up telephone booths. This was composite notice inviting tender in respect of almost twelve different telephone booths situated at six different stations and even in stations at different platforms. Writ petitioner wanted to set up a telephone booth at Darbhanga. The writ petitioner filed his bid but forgot to write on the envelop that he was applying for setting up of a telephone booth at Darbhanga. In the 2 other words, telephone booth was not mentioned on the cover of the envelop in which tender was made but in the tender he specifically mentioned it. His application was complete in all respect. He also submitted the necessary fees. It is also his case that on the same day he wanted to indicate the matter on the envelope but that was not allowed. If the tender is not finalized as yet, we are of the opinion that writ petitioner’s case be also considered for setting up of telephone booth at Darbhanga as tender can only be rejected as such if it is not complete. The appeal is allowed to the extent as indicated above. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad