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1991 Supreme(SC) 601

A. M. AHMADI, RANGANATH MISRA, P. B. SAWANT
Bhikha Ram – Appellant
Versus
Ram Sarup – Respondent


Advocates:
ANIS AHMED, D.K.GARG, D.K.YADAV, L.K.GUPTA, R.K.KAPOOR, S.N.Mishra

Judgement Key Points

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Judgment

AHMADI, J.:- Delay condoned. Special leave granted.

2. The constitutional validity of Section 15(1)(a) of the Punjab Pre-emption Act, 1913 was challenged on the ground that it offended the fundamental right guaranteed by Article 19(1)(f) in Ram Sarup v. Munshi, (1963) 3 SCR 858. A Constitution Bench of this Court upheld the validity holding that there was no infringement of Article -19(1)(f) of the Constitution. Thereafter, a host of writ petitions were filed in this Court under Article 32 of the Constitution challenging the constitutional validity of Section 15 on the ground that it infringed Articles 14 and 15 of the Constitution. It may be mentioned that the mother State, the State of Punjab, had repealed the Act in 1973 but it continued to be in force in the State of Haryana which prior to 1966 was a part of the State of Punjab. Section 15 of the 1913 Act, as it originally stood, underwent substantial changes in 1960 and as amended read as under:

"15. Persons in whom right of pre-emption vests in respect of sales of agricultural land and village immovable property-

(1) The right of pre-emption in respect of agricultural land and village immovable property shall vest-

(a) wh




































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