Court calls the pending revenue dispute a “glaring example” of apathy and abuse of process, directs day-to-day hearing, strict no-adjournment policy, and compliance monitoring by top revenue authorities
Jaipur, Sept. 18, 2026: In a sharp rebuke to the revenue justice system, the Rajasthan High Court has directed the Sub-Divisional Magistrate (SDM), Mandawar, District Dausa, to conclude a Section 145 CrPC proceeding that has been pending since 1963 — for more than 63 years — within three months.
Justice Anoop Kumar Dhand, hearing a writ petition filed by Jairam, described the extraordinary delay as a “glaring and classic example” of apathy, callousness and abuse of process of law. The Court observed that while human life is finite, litigation in this case had become “infinite and immortal,” with the original litigants having died and their legal representatives now continuing the dispute.
The petition sought directions for early disposal of Complaint Case No. 52/1963 (renumbered as 1/2024), in which proceedings under Section 145 of the Code of Criminal Procedure had been initiated regarding a property dispute. Counsel for the petitioner submitted that despite the passage of over six decades, the matter remained undecided.
The High Court noted that repeated and unnecessary adjournments appeared to be a major reason for the prolonged pendency. It held that no litigant has the right to abuse court procedure or prolong proceedings at will. The Court further emphasized that routine adjournments corrode the justice delivery system and that speedy trial is a fundamental right under Article 21 of the Constitution.
Calling the delay a gross violation of the right to speedy justice, the Court ordered the SDM to make all possible efforts to decide the matter as early as possible, and in any case within three months from receipt of the certified copy of the order. It also directed that no unnecessary adjournment be granted and that if either side seeks deferment in future, heavy costs running into six figures may be imposed.
In addition, the Court issued strict administrative directions:
- the case must be treated as an “OLDEST TARGETED CASE TO BE DECIDED ON TOP PRIORITY”;
- it must be taken up on a day-to-day basis;
- reasons for any unavoidable adjournment must be recorded in writing by the Presiding Officer in the order sheet;
- a compliance report along with the final judgment must be sent to the High Court after three months;
- the Registrar, Board of Revenue and the Collector concerned must monitor compliance.
The Court also warned that if the Presiding Officer fails to decide the case within the stipulated time without justifiable reason, it may issue further directions to higher authorities, including the Divisional Commissioner, Board of Revenue and the Department of Personnel, for appropriate action in accordance with law, including adverse remarks in the officer’s ACR/APAR.
The Registry has been directed to circulate the order to all concerned authorities, including the Additional Chief Secretary, Department of Personnel, the Divisional Commissioner, Jaipur Division, the Collector, Dausa, and the Registrar, Board of Revenue, and to ensure compliance. The matter has been listed for compliance on December 18, 2026.
Bottom Line :
Proceedings under Section 145 Cr.P.C. pending for 63 years before Revenue Court/SDM violate the right to speedy trial under Article 21; High Court directed expeditious disposal within three months, day-to-day hearing, refusal of unnecessary adjournments, and warned of strict action for non-compliance.
Statutory provision(s): Article 21, Section 145 CrPC
