M.R. Hariharan Nair, J.

Pursuant to the commissioning of the prestigious project of the Indian Railways, namely, Kongan Railway, the Southern Railway took up the work of doubling of the Shoranur - Mangalore line. Ext. PI tender notification was issued by the Southern Railway on 26.6.1998 calling for tenders; inter alia, for the works covered by items 3(b) and 3(c), specifications of which are as follows:

"3(b) Construction of Bridge-12 spans of 19.50 M and 7 spans of 19.50 MPSC Girder with pile foundation between Vallikunnu and Kadalundi Stations opposite to the existing Br No. 924 at Km. 648/12-649/2 and Bridge No. 925 at Km. 649/9-12.

3(c) Construction of Bridge - 4 spans of 19.50 M PSC Girder with pile foundation between Kadalundi and Ferok Stations opposite to the existing Br. No. 935 at Km. 652/11-12."

The petitioner, a private limited company engaged in Government Contracts, submitted their tenders for both the works. Even though item No. 3(c) work was awarded to the petitioner, the Railway did not allot the work as per item No. 3(b) to the petitioner. Instead, it was given over to the 3rd respondent for a sum of Rs. 6,64,00,420/-. The petitioner's case is that in do