Man Lives Short But Litigation Continues Infinitely: Rajasthan High Court Directs SDM To Decide 63-Year-Old Land Dispute Case Within 3 Months
The Court also said that non-compliance with this order will result in adverse ACR remarks and administrative action.
Justice Anoop Kumar Dhand, Rajasthan High Court
The Rajasthan High Court has expressed deep concern over the severe delays in the state's revenue courts while hearing a writ petition regarding a 1963 land dispute under Section 145 Cr.P.C.
Highlighting that speedy trial is a fundamental right guaranteed under Article 21 of the Constitution, the Court observed that litigation often outlives the individuals who initiate it due to a culture of repeated adjournments.
Consequently, the High Court directed the Sub-Divisional Magistrate, Mandawar, to decide the 63-year-old case within three months on a day-to-day basis, warning of strict administrative action against officers failing to comply without valid justification.
The Bench of Justice Anoop Kumar Dhand observed, "Man lives for a short span while litigation continues for infinite time. It is often said that human life is short and finite, whereas litigation is infinite and immortal. A man lives for a brief span, but litigation continues for generations together, outliving the very litigants who initiated it. The present case is a glaring examples of the same. The maxim “Justice Delayed is Justice Denied” is not a mere platitude but a harsh reality of the system prevailing in Revenue Courts Administration System. If cases remain pending and are not decided for years together, for decades and in some cases even after more than half a century has passed, it is a sorry state of affairs."
Advocate Kawal Singh Loha appeared for the Petitioner
"This Court cannot keep its eyes close to the shocking state of affairs prevailing before the Revenues Courts in the State of Rajasthan", the Court added.
A writ petition was filed seeking directions to the Sub Divisional Magistrate, Mandawar, District Dausa, to finally decide the complaint case wherein the proceedings under Section 145 Cr.P.C. were initiated in respect of the subject property.
The Court noted that the litigation was pending for the last 63 years, which is more than half a century.
It was observed that generations have changed, the original litigants died, but the case was still alive on the file, outliving the original litigants themselves.
It was the case of the Petitioner that proceedings under Section 145 Cr.P.C. were initiated by the concerned police station by way of filing the aforesaid complaint in the year 1963, and more than 63 years have elapsed since then; however, till date, these proceedings are still pending.
"Pendency of such an old matter amounts to a gross abuse of the process of law. The instant case is a glaring example of a situation where more than six decades have passed, but till date, the matter has not been finally adjudicated", the Court added.
The Court also observed that a party to the litigation is not at liberty to proceed with the trial at his own leisure and pleasure, and has no right to determine when the evidence is to be lead and when the matter should be heard. The parties to the suit-whether the applicant or non-applicant, petitioner or respondent, appellant or respondent-are not expected to cause any unnecessary delay, it added.
"Speedy trial is a fundamental right of a person, as guaranteed under Article 21 of the Constitution of India and in the present case, the very concept of right of speedy trial has been grossly violated. Such inordinate delay cannot be allowed to be appreciated or continued and is liable to be condemned", the Court held.
Accordingly, the Court directed the Sub Divisional Magistrate, Mandawar, District Dausa to decide the pending complaint within three months and was directed not to entertain any unnecessary and unwarranted adjournments.
Further, it was directed that the case shall be kept in the category of "OLDEST TARGETED CASE TO BE DECIDED ON TOP PRIORITY" and shall be taken up on a day-to-day basis.
"It is made clear that non-compliance of this order shall be viewed seriously. In case, the Presiding Officer fails to decide the case within the stipulated time-frame without any justifiable and cogent reason, this Court shall be constrained to issue appropriate directions to the higher authorities i.e. the Divisional Commissioner, Board of Revenue and Department of Personnel, Government of Rajasthan for taking such action as may be permissible in accordance with law", the Court directed.
The Court also asked the Registrar, Board of Revenue and the Collector of the concerned District to monitor the progress of the aforesaid oldest pending case and ensure strict compliance.
Consequently, the matter was listed for a further date for compliance.
Cause Title: Jairam v. Sub-Division Magistrate, Mandawar, Dausa and ors. [Neutral Citation: 2026:RJ-JP:37999]
Appearances:
Petitioner: Advocate Kawal Singh Loha