within the specified time such application shall not be considered.
9. Preferential right of certain persons--(1)
Where two or more persons have applied ... land the applicant whose application was received earlier shall have a preferential right for the grant of lease over the applicant whose application was received
making application for mining lease and Section 11 provides for preferential right of certain persons for obtaining a mining lease.
7. Having regard ... extract Section 11 of the Act, which runs as under:
11. Preferential right of certain persons.- (1) Where a reconnaissance permit or prospecting licence
observing that the Oriental Bank of Commerce had the preferential right/first right to recover the outstanding amount from the mortgage/hypothecated property ... before the Debt Recovery Tribunal. The Bank as secured creditor has preferential right over the unsecured creditor. Therefore, the order passed by the Additional District
willing to purchase the suit property and since he is having preferential right under Section 22 of the Act, suit ought to have been decreed ... having preferential right to purchase the same, on account of right accrued to him under Section 22 which is his preferential right to acquire
which provides for preferential right of certain persons runs as under:
11. Preferential right of certain persons:
(1) Where a reconnaissance permit or prospecting licence ... land, the permit holder or the licensee shall have a preferential right for obtaining a prospecting licence or mining lease, as the case
cannot be said that the mining lease was granted under the preferential right.
4. Aggrieved by the aforesaid order passed by the respondent ... provides that while granting the lease the State will give preferential right to certain class of persons and under the aforesaid Act, the preferential right
rights in the
goods pledged, a right higher than a mere right
of detention of goods but a right lesser than
general property right ... pawnee, the
special right in the pledge but also passes on
his right to transfer the general property right
in the pledge in the event
absolute right, it is only a preference. That preference cannot be equated to a right accrued. That can only be a right to preference ... right of preference is to be exercised. The occasion for exercising that right arises only on the date of occurrence of vacancy. Therefore the preferential
recommended by the State on the satisfaction that the petitioner deserves preferential right under Section 11(5) of the Act and also after appreciating that ... which minerals vested in the Government. Section 11 speaks about the preferential right. Section 13 empowers the Central Government to make rules in respect
priority shall be open for consideration.
10. However, the Crowns preferential right to recovery of debts over other creditors is confined to ordinary or unsecured ... conscience (as applicable to India) do not accord the Crown a preferential right for recovery of its debts over a mortgagee or pledgee of goods
