Pashupati Gaushala Dharamsala Dispute Case Set for Hearing at Patan High Court

The case concerning the Pashupati Gaushala Dharamsala dispute has been scheduled for a hearing at the Patan High Court. The hearing is set before the division bench of Patan High Court judges Lalbabu Kunwar and Deepak Khanal.

The Marwari Sewa Samiti filed an appeal at the High Court after the Kathmandu District Court ruled on Ashoj 16, 2081, that the Pashupati Gaushala Dharamsala would remain under the ownership of the Pashupati Area Development Trust.

The Kathmandu District Court had determined that the Samiti did not have tenancy rights (mohi hak) over the land measuring four ropani 15 aana two dam in plot number 83 and four ropani 10 aana in plot number 85 of Pashupati Ward No. 2, Gaushala.

The court upheld the Trust's decision from Shrawan 17, 2080, to cancel the agreement, noting that the Commission for the Investigation of Abuse of Authority's agreement from Jestha 12, 2060, lacked a specified term, and despite opportunities to amend the terms—such as the Supreme Court's decision on Ashar 27, 2068, requiring an annual payment of 51 thousand rupees—the conditions were not revised.

The District Court concluded that the evidence presented by the Samiti failed to prove their claim of tenancy rights over the disputed land.

Furthermore, the court confirmed the fact that the Marwari Sewa Samiti had accepted the complete ownership of the Pashupati Amalkot Kachahari over the physical structures, including the houses and land, constructed in the Dharamsala.

The court ruled that the fact that the Marwari Sewa Samiti accepted the full ownership of the Pashupati Amalkot Kachahari over the physical structures, including the houses and land constructed in the Dharamsala, has been confirmed in the verdict.

The verdict stated, 'Since the plaintiff (Samiti) is bound by the terms of the contract agreement it entered into, there is no ground for them to claim tenancy rights over the disputed land. Moreover, as these plaintiffs are not permitted to disregard a decision made by the Supreme Court in which they were a party, there is no basis for the Marwari Sewa Samiti to claim tenancy rights over that land.'

The Kathmandu District Court ruled that the contract agreement is not immutable, noting that questions have repeatedly arisen regarding the fairness and transparency of the agreement made on Jestha 12, 2060.

The verdict stated, 'While the parties to the lawsuit are autonomous and competent to enter into a contract agreement, the law does not grant public officials managing the use of public and important religious sites the license to be negligent, opaque, or arbitrary in the use and management of such property.'