Pashupati Dharmashala dispute: High Court orders status quo until final verdict

Kathmandu, November 29 – The Patan High Court has issued an interim order in favor of the Marwadi Sewa Samiti in the dispute regarding the rent of the Pashupati Dharmashala.

In the hearing of the petition filed by the Marwadi Sewa Samiti, the bench of High Court judges Tankaprasad Gurung and Tikaram Acharya issued an interim order to maintain the status quo without implementing the agreement between the Pashupati Area Development Trust and the Kathmandu Metropolitan City (KMC) made on October 8.

The Marwadi Sewa Samiti had filed the petition seeking an interim order, claiming that they had not been allowed to carry out any activities in the building under the agreement between the Trust and the KMC.

After a ruling against them in the district court, they went to the High Court. In the first hearing of the petition, a short-term interim order was issued, and in the second hearing on November 27, the High Court issued an interim order to maintain the status quo until the final decision is made.

Following the High Court's interim order, the Marwadi Sewa Samiti cannot be evicted from the premises. The land in question, spread over an area of 9 ropanis, 9 anas, and 2 paisas in Gaushala Chowk, has been a point of contention regarding ownership and rights to operate.

The Pashupati Area Development Trust and the Marwadi Sewa Samiti have been in conflict over this land for some time. After attempts to evict, the Kathmandu Metropolitan City also became involved in the issue.

The latest dispute regarding the operation of the Gaushala began last year. On August 1, 2023 the Pashupati Area Development Trust's executive council, led by then Minister for Culture, Tourism, and Civil Aviation Sudan Kiranti, decided to cancel the agreement made with the Marwadi Sewa Samiti on May 26, 2003.

Under the agreement, the Marwadi Sewa Samiti had committed to annually contribute 51,000 rupees to the Fund and was allowed to operate the Gaushala and Dharmashala in the area.

The High Court's interim order states, "This matter has already been established as a legal principle through the decision of the Kathmandu District Court. Based on this legal framework, accepted principles, and the balance of convenience, the Pashupati Development Trust’s executive council's decision of September 5 and the agreement between the Pashupati Area Development Trust and the Kathmandu Metropolitan City on October 8 should not be implemented, and the status quo must be maintained."

The High Court further ordered that no obstruction or hindrance should be caused to the Marwadi Sewa Samiti's operations at the Pashupati Gaushala Dharmashala.

After reviewing the petition, the High Court had earlier issued a short-term interim order on October 19 and extended the order on November 27.

The High Court also addressed the issue of the contract cancellation and the reversal of the decision made by the Kathmandu District Court on the Marwadi Sewa Samiti's petition. It mentioned that the decision could be appealed within the legal timeframe as per the laws governing such cases.

The Court noted that, according to the law and the principles of fairness, the appeal process is still open, and therefore, an interim order could be issued. It further clarified that the judgment of the Kathmandu District Court has not reached finality, and the appellant still has the right to appeal.

According to the Civil Procedure Code of Nepal, if an appeal is filed, the implementation of the lower court’s decision can be suspended until a final verdict is reached.

Thus, the High Court has directed that the decision made on September 5 by the Pashupati Area Development Trust and the agreement between the Trust and Kathmandu Metropolitan City on October 8 should not be implemented until further notice.