SK. PIRU BUX & ORS. versus KALANDI PATI RAO & ORS.

SK. PIRU BUX & ORS. versus KALANDI PATI RAO & ORS.

A compromise reached in proceedings not representing the entire community does not estop parties from asserting legal rights; religious processions with music are permitted subject only to lawful orders and rights of the public, not by prior informal compromise.

Parties
Appellants: SK. Piru Bux & Ors.; Respondents: Kalandi Pati Rao & Ors.
Jurisdiction
India
Judgment Date
29 October 1968
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Orissa High Court Judgment in Second Appeal
Outcome
Appeal dismissed
Legal Topics
Right to Religious Procession, Restrictions on Public Processions, Representative Compromise, Fundamental Rights, Community Rights
Constitutional Law Civil Rights Religious Law Right to Religious Procession Restrictions on Public Processions Representative Compromise Fundamental Rights Community Rights

Case Brief

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Parties

SK. Piru Bux & Ors.

Appellants

Kalandi Pati Rao & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Orissa High Court Judgment in Second Appeal

Legal Issues

  1. 1 Whether Hindus of the villages have the right to take religious and non-religious processions with music past mosques.
  2. 2 Whether a 1931 compromise binds the current parties from asserting procession rights.
  3. 3 Whether restrictions can lawfully be imposed on processions near mosques.

Ratio Decidendi

A compromise reached in proceedings not representing the entire community does not estop parties from asserting legal rights; religious processions with music are permitted subject only to lawful orders and rights of the public, not by prior informal compromise.

Court Disposition

Appeal dismissed

Orders

  • Plaintiffs have the right to take out both religious and non-religious processions with accompaniment of music on public highways, subject to (a) any order of local authorities regulating traffic, (b) any directions of the Magistrate under any law for the time being in force, and (c) the rights of the public.
  • No order as to costs.