Jaipur: Rajasthan High Court has described a 63-year-old land dispute pending before a sub-divisional magistrate (SDM) as “a glaring example of a justice system where cases can outlive the litigants who started them”.In a strongly worded decision, the court directed SDM of Mandawar in Dausa district to decide the protracted legal proceedings within three months through day-to-day hearings to eliminate opportunities for adjournments. The court also said costs running into six figures should be imposed if the parties involved seek any further unnecessary delays in the matter.The dispute, which originated in 1963, has stretched across two generations, beginning with 86-year-old petitioner Jairam Meena of Patarkhera village in Baswa tehsil of Dausa district.“Meena is now bedridden after suffering a brain haemorrhage in 2023. Since the ownership of the disputed land remained undecided before the SDM, we approached the high court for intervention,” petitioner’s advocate Kawal Singh Loha said.Meena’s eldest son, Hari Singh, is now shouldering the legal battle on behalf of his father.“Our share is one-sixth of a 238-bigha plot of agricultural land, ownership of which is yet to be decided. Influential people have prevented the authorities from resolving the matter so far,” Singh told TOI.He claimed his father had lodged the initial complaint against persons who were attempting to grab their farm land. Police, however, initiated proceedings against Meena’s family under CrPC section 145 (procedure for disputes concerning land or water that may lead to breach of peace), while the court appointed a receiver for the entire 238 bigha plot of disputed land.“We’ve been fighting for ownership of our share of that land ever since,” Singh said.In its order dated Sept 18, the single-judge bench of Justice Anoop Dhand did not go into the merits of the case or the petitioner’s allegations regarding influential persons being involved in it.Instead, the court placed the case in the category of “oldest targeted case to be decided on top priority” and ordered that it be heard on a day-to-day basis. It directed SDM to submit a final judgment and compliance report within the three-month deadline.Observing that the case was a “glaring and classic example” of prolonged pendency, the court noted that it remained unresolved even after the passage of more than half a century. Directing SDM not to entertain unwarranted requests for adjournment from either side, the court said, “If either party seeks to defer the matter in future, heavy costs running into six figures are to be imposed on the person seeking the adjournment”.The court went on to say that if SDM concerned fails to decide the case within the stipulated three-month period without a justifiable and cogent reason, it may issue directions to higher authorities to put adverse remarks on the annual confidential report (ACR) of SDM.The Court also directed that a copy of the order be sent to additional chief secretary, Department of Personnel, govt of Rajasthan, divisional commissioner, Jaipur Division, district collector, Dausa, and others for information and necessary compliance.The matter has been listed for compliance hearing on Dec 18.
