Kathmandu: The Kathmandu District Court has ruled that the Marwadi Seva Samiti does not have tenancy rights over the Pashupati Gaushala Dharamshala, a property under the ownership of the Pashupati Area Development Trust (PADT). This decision concludes a long-standing dispute over the property, which has been under the Samiti’s control for 21 years.
The verdict, delivered by Judge Kamal Prasad Pokhrel on October 2, clarified that the Marwadi Seva Samiti’s claim over the land at Ward No. 2 of the former Pashupati VDC—comprising Plot No. 83 (4 ropanis, 15 aana, 2 dam) and Plot No. 85 (4 ropanis, 10 aana)—was not valid.
The court stated that while the Samiti claimed tenancy rights over the property, there was no evidence to support this. The decision noted that “there has been no indication of an institution named Pashupati Gaushala Dharamshala existing from the beginning, and the plaintiff (Marwadi Seva Samiti) acknowledged this fact during an agreement with Pashupati Amalakot Kachahari on May 25, 2003.”
The court also highlighted that although the plots are registered as guthi land under Pashupati Amalakot Kachahari, the documents presented by the Samiti failed to prove their tenancy rights. The verdict affirmed that the Samiti had accepted PADT’s full ownership over the property, including buildings and structures.
The decision mentioned that public officials responsible for managing religious and public properties must act transparently and be fully accountable. It also asserted that agreements made for public assets in a non-transparent or arbitrary manner are not irreversible.
The Marwadi Seva Samiti had filed a case in the Kathmandu District Court on August 8, 2023, to overturn PADT’s decision to annul their 2003 contract. The court, however, upheld the PADT’s decision, emphasizing that the previous contract could be amended but not indefinitely continued.
PADT Member Secretary Dr. Milan Kumar Thapa welcomed the decision, stating that the property would now be managed in collaboration with government bodies and operated as a non-profit for religious and social purposes. “This verdict is in favor of justice for the deity and the people. The Pashupati Gaushala Dharamshala will now be operated in a transparent manner,” said Dr. Thapa.
The Marwadi Seva Samiti had initially entered into an agreement in 2003, paying an annual fee of Rs. 51,000 and using the property for various business activities, including a hotel and a dialysis center. The PADT’s board annulled the agreement on August 3, 2023, citing non-compliance by the Samiti and failure to renew the contract.
Past reports from the Public Accounts Committee and the Auditor General had also pointed out the low rent paid by the Samiti and recommended new agreements for better management.
