Supreme Court of India · 2008-08-19
Kumar Gonsusab & Ors vs Sri Mohammed Miyan & Ors
- Citation / case number
- AIR 2009 SC (SUPP) 1254
- Court
- Supreme Court of India
- Petitioner
- Kumar Gonsusab & Ors
- Respondent
- Sri Mohammed Miyan & Ors
- Author
- Tarun Chatterjee
- Bench
- P.Sathasivam, Tarun Chatterjee
Judgment text excerpt
The Supreme Court addressed the validity of the law of pre-emption based on vicinage, previously deemed void in Bhau Ram vs. B. Baijnath Singh and Sant Ram & Ors. vs. Labh Singh & Ors. The Court held that the High Court's ruling, which upheld the constitutionality of such pre-emption rights following constitutional amendments, was correct. Consequently, the appeal was dismissed, affirming the High Court's decision to allow the respondents' claim for pre-emption.