Hon'ble CHAUHAN, J.—Before entering into the battlefield of Kurukshetra, the Pandavs had pleaded for grant of only five villages in their favour. The plea was contemptuously dismissed by the blind King of Hastinapur, Dhritrastra. Similarly in this case, the petitioner and its predecessorin-interest have been running from pillar to post pleading that the land which was bought by Seth Pali Ram and Brij Lal, respondents No.4 and 5, in 1942 and which was subsequently transferred to the petitioner Trust, should be registered in the revenue records in favour of the Trust. Despite a labyrinth of litigations, inspite of its chequered history, the petitioner is hopelessly hoping that justice would be done to it. Like a voice in the wilderness, the petitioner has floated in the corridors and courtrooms with a glimmer of hope that someone some day would hear its pleas. Like the Pandavs, the petitioner is still out in the legal wilderness.

2. The petitioner has challenged the order dated 25.4.2003 passed by the Board of Revenue (`the Board' for short), whereby a reference made by the Additional Collector, Jhunjhunu has been accepted. The learned Board has cancelled the mutation made in favour of the petitioner, and has directed that the land in question be declared as Gochar (pasture land). The petitioner has also prayed that the land in question should be recorded in its name in view of two favourable orders passed earlier, namely order dated 1.11.1954, passed by the Sub Divisional Officer, Jhunjhunu (`the SDO' for short) and order dated 7.11.1983, an order passed by the Settlement Commissioner.

3. This case has gone through a roller coaster ride for more than five decades. The journey begins in 1942: in order to earn pious deeds, Seth Pali Ram wanted to establish a pasture land for cows, who are considered holy by the Hindus. In order to establish a pasture land, he bought land situated in village Jakhod, Tehsil Chirawa, District Jhunjhunu, from the then Thikanedar of Bissau, Thakur Raghuvir Singh. He paid Rs.17,683/- for the said land. While the old khasra Numbers were 72, 140, 141, 143/2, 144, 145, 146, 147, 148, 149, 150, 181, 140/60 total kita 13 measuring 216 Bighas 13 Biswas, the new Khasra numbers are 52, 183, 199, 208, 202, 367, 494/202 total 7 kita measuring 53.59 hectares. According to the Patta (title-deed) issued by the then Thikanedar of Bissau, the land was to be used only as a pasture land for the cattle of the village. Even if part of the land were to be used for agricultural purpose, even then the income earned from the agricultural activities was to be plied back for the benefit of the pasture land. Moreover though a house could be built, but it was to be used only for the purpose of housing such persons who would look after the pasture land; the land could not be used for the personal usage of Seth Pali Ram.

4. Despite the patta issued by Thakur Raghuvir Singh in favour of Seth Pali Ram, the land was not mutated in his name. Till 1954 the land was shown in revenue record as Shamlat Deh (common land). Therefore, in 1954 Seth Pali Ram, and Brij Lal moved an application before the SDO, Jhunjhunu for correcting the revenue record. Before correcting the said record, the SDO called for a report from the Numberdar of the area. On 27.8.1954, the Numberdar submitted his report, to the SDO. In his report, he clearly stated that Seth Pali Ram ji and Brij Lal ji had bought the land mentioned in the report from Thikana Bissau. They were in possession of the land for the last twelve years. They have constructed a boundary wall around the said land. They have left the land as “Gochar-bhoomi”, i.e. as pasture land. Although camels and goats are not permitted to graze in the said land, other cattle is permitted to graze. Out of the total land, 16 Bighas of land has been kept for agricultural purpose. The said land is in possession of Seth Pali Ram and Brij Lal.

5. Similarly, the SDO had called for the report of the Tehsildar. On 18.9.1954

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