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 ... capacity augmentation of the project of the
petitioner, it had a preferential right under Clause 14 of the
Concession Agreement dated 14th
petitioner are first considered and disposed of by according
priority or preferential right based on the petitioner being a first day applicant having applied ... Preferential right, as used in section-11, is neither a vested right nor a substantive
right as it is not an absolute right enforceable
permit granted for the
purpose of undertaking reconnaissance operations; and.
11. Preferential right of certain persons.--(1)Where a
reconnaissance permit or prospecting licence ... land, the permit holder or the
licencee shall have a preferential right for obtaining a
prospecting licence or mining lease, as the case
owner is claiming the custody of the animal,
Pinjrapole has no preferential right. In deciding whether the
interim custody of the animal be given ... right over respondent No.2, since the petitioner herein is rightful
owner thereof, whereas respondent No.2 is a Charitable Institution and has no
preferential
impleaded party is 8.6.2003. Clearly, the petitioner
has a preferential right under section 11(2) of the MMDR Act, 1957. However,
since the State Government ... India. It is argued that even
though Section 11 creates a preferential right in respect of the first applicant (for a mining or
prospective lease
already done a substantial investment in exploring would claim preferential right and in such case the Government may have to consider the preferential right ... applicant. The contention of the Respondents that they will have the preferential right as first applicant cannot be countenanced. In INDIAN METALS AND FERRO ALLOYS
impleaded party is 8.6.2003. Clearly, the petitioner
has a preferential right under section 11(2) of the MMDR Act, 1957. However,
since the State Government ... India. It is argued that even
though Section 11 creates a preferential right in respect of the first applicant (for a mining or
prospective lease
owner is claiming the custody of the animal,
Pinjrapole has no preferential right. In deciding whether the
interim custody of the animal be given ... right over respondent No.2, since the petitioner herein is rightful
owner thereof, whereas respondent No.2 is a Charitable Institution and has no
preferential
hereinafter to be referred to as "the Act") seeking
preferential right of acquiring the aforesaid property.
The opposite parties appeared before court ... Hindu Succession Act
which reads as under:-
"22. Preferential right to acquire
property in certain cases. - (1) Where, after the
commencement of this
they were
not allowed any preferential right for allotment of toddy shops for
the succeeding year of 2011-12. Petitioners in this writ petition ... challenging denial of the preferential right and is seeking
directions for permitting to conduct shops for the remaining
period in the year