person to whom the PL has been granted gets a preferential right
for the purpose of grant of an ML.
8. According ... crores in the
process, L&T had a preferential right over all other applicants for a
PL or ML under Section 11(1) MMDR
stating that another person would be appointed instead
and that the preferential right under this rule would be forfeited if not
exercised within another ... clear days. If nothing is heard
during that time also, the preferential right under the rule will be
regarded as forfeited."
There
basis of said
order, the revenue claimed a preferential right to realise its dues being
crown debt.
In the written statement it is pointed ... decided on 20.12.2006),
to contend that the secured creditor has a preferential rights as against the
crown debt. The crown debt has priority only amongst
plaintiffs
being the real sisters of Dwarka Prasad, they are having
preferential right over defendant Heeralal who is the step-
brother of deceased Dwarka Prasad ... which speaks that heir of full blood having preferential right
over half blood. According to this Section the heir related to
a intestate by full
alienate his or her share, the other
sharer has got a preferential right to acquire the share proposed to be
alienated. The Defendants ... concerned, but
declined to grant the relief of enforcement of preferential right under Section
22 of the Hindu Succession Act. The Appellant/1st Defendant
Hindu Succession Act reads as follows:
"22. Preferential right to acquire property
in certain cases- (1) Where, after the
commencement of this ... property or business, the
other heirs shall have a preferential right to
acquire the interest proposed to be transferred.
10
(2) The consideration for which
fully eligible for
grant of a mining lease and a preferential right for such grant as provided
by section ... Section 11 of the Act confers a preferential right on certain
persons for obtaining, inter alia, mining lease. The second proviso to sub-
section
secondly,
the Consolidation Authorities having no jurisdiction to adjudicate upon the preferential
rights of the plaintiff to repurchase the suit property, the suit would ... contended
further that the plaintiff having not set up her preferential right to repurchase the suit land
in the plaint and having sought for setting
defendants") seeking a decree for
possession by way of preferential right to acquire the share of defendant Nos.2 to 6
under section ... owner of the
property with the defendants, so, she has a preferential right to acquire the disputed
property. On the basis of aforesaid allegations
suit for declaration to
the effect that they got a preferential right to acquire half share in the
property in dispute which has been devolved ... brother of deceased Dhal Singh and hence, he is having preferential right to
acquire the share in the property in dispute, which has been inherited
