GITA MITTAL, J 1. "A mans greed is like a snake that wants to swallow an elephant".

-a Chinsese proverb which completely sums up the case in hand.

The petitioner, who was awarded a contract for the construction and operation of a project involving a major bridge over the Pingalai river with approaches covering a total stretch of 2.2 km, claims that the Concession Agreement entered into by him in 2004 tantamounts to his having a preferential right of first refusal for award of the contract relating to the project for the four laning of a 66.73 Kms stretch of National Highway-6, being its Talegaon-Amravati KM 100 to KM 166.725 section, in the State of Maharashtra, without participation in the bidding process and completely unmindful of the public interest involved in the matter.

2. The record of the present case discloses, that on behalf of the MORT&H, the Public Works Department of the Government of Maharashtra had invited tenders for this project from eligible persons of construction, operation and maintenance of a major bridge and its approaches across the Pingalai river in KM 113/800 on the Nagpur-Edlabad Road section of N.H.6 with private sector participation on build,