Pashupati Gaushala Dharamshala Land Dispute Resolved by High Court

Kathmandu. The High Court Patan has ruled that the Marwadi Seva Samiti does not have tenancy rights over the land of the Pashupati Gaushala Dharamshala, which has been operated by the committee. With the Patan High Court bench of Justices Khadgabahadur KC and Rameshprasad Gyawali upholding the decision of the Kathmandu District Court, the entire ownership of the Pashupati Gaushala Dharamshala will be returned to the Pashupati Area Development Trust.

The Patan High Court has ruled that the committee does not have tenancy rights over four ropanis, fifteen annas, and two dams of land in plot number 83 and four ropanis, ten annas of land in plot number 85 of the former Pashupati Ward No. 2, which have been encroached upon by the Marwadi Seva Samiti for 23 years.

It is stated in the verdict, 'It does not appear that any organization named Pashupati Gaushala Dharamshala has existed since the former period. The plaintiff Marwadi Seva Samiti appears to have accepted this fact when it signed an agreement with the Pashupati Amalcoat Kachahari on Jestha 12, 2060.'

Although there is no dispute in the verdict that the land is registered in the name of the Guthi of Shri Pashupati Amalcoat Kachahari, it has been observed that the claim of tenancy rights of the Marwadi Seva Samiti over the land in question was primarily based on a shadow copy of the tenancy registration certificate obtained from Shri Pashupatinath Amalcoat Kachahari, stating that the Pashupati Gaushala Dharamshala is listed in the tenancy column of the registration record. The verdict states that the Marwadi Seva Samiti has not been able to present evidence of its tenancy rights over the claimed land through any of the submitted decision records.

Previously, the Kathmandu District Court's decision stated, 'Although there is no dispute that the land is registered in the name of the Guthi of Shri Pashupati Amalcoat Kachahari, it has been observed that the claim of tenancy rights of the Marwadi Seva Samiti over the land in question was primarily based on a shadow copy of the tenancy registration certificate obtained from Shri Pashupatinath Amalcoat Kachahari, stating that the Pashupati Gaushala Dharamshala is listed in the tenancy column of the registration record.' The District Court had ruled that the Marwadi Seva Samiti could not present evidence of its tenancy rights over the claimed land through any of the decision records submitted by the committee. Furthermore, the court had confirmed that the Marwadi Seva Samiti had accepted the full ownership of the Pashupati Amalcoat Kachahari over the houses, land, and other physical structures constructed in the dharamshala. The Patan High Court has upheld the same decision.

The verdict states, 'Since the plaintiff (committee) is bound by the terms of the agreement it entered into, it does not have the right to claim tenancy rights over the land in question. Furthermore, as the plaintiff is not exempt from obeying the decision of the Supreme Court in which it was a party, there is no basis for the Marwadi Seva Samiti to claim tenancy rights over the said land.'

Additionally, the Kathmandu District Court, in response to the recurring questions raised from various angles regarding the contract agreement dated Jestha 12, 2060, not being fair and transparent, had ruled that the contract agreement is not irrevocable. The court upheld the Trust's decision of Shrawan 17, 2080, to cancel the agreement, citing that the Commission for the Investigation of Abuse of Authority had pointed out the lack of a time period in the agreement dated Jestha 12, 2060, and had recommended specifying a time period for the agreement. Despite the Special Court's decision on Jestha 31, 2067, and the Supreme Court's decision on Asar 27, 2068, which allowed for amendments to the terms of the agreement, including the annual payment of Rs 51,000, these amendments were not made, leading to the cancellation of the agreement.