Pashupati Gaushala Dharmashala Dispute Hearing Today

Kathmandu: A hearing is being held today regarding the Pashupati Gaushala Dharmashala case, which is currently under the management of the Marwari Sewa Samiti. The Samiti filed a case in the High Court after the Kathmandu District Court ruled on Ashoj 16, 2081 that the Pashupati Gaushala Dharmashala remains under the ownership of the Pashupati Area Development Trust (PADT).

The Marwari Sewa Samiti has postponed the hearing of the case four times so far. The Samiti has resumed business operations at the Pashupati Gaushala Dharmashala, which was previously damaged by arson during the Gen Z movement. The court has issued only general orders up to this point.

On Jestha 12 ,2060 while businessman Basant Chaudhary was the member-secretary of the Trust, an agreement was fraudulently made allowing the Marwari Sewa Samiti to utilize the property of Lord Pashupatinath for 51,000 rupees.

Previously, the Kathmandu District Court ruled that tenancy rights (Mohiyani Hak) do not apply to any of the land belonging to the Pashupati Area Development Trust, which had been under the possession of the Marwari Sewa Samiti for 21 years.

In the full text of the verdict delivered by Judge Kamal Prasad Pokhrel on Ashoj 16,2081 it was determined that the Samiti holds no tenancy rights over 4 ropani, 15 ana, 2 dam of land in plot number 83, and 4 ropani and 10 ana of land in plot number 85 of the former Pashupati Ward No. 2.

The verdict states that although the Samiti claimed tenancy rights over the Dharmashala land, the fact that the Samiti is a tenant on that land has been rejected.

"It does not appear that any institution named Pashupati Gaushala Dharmashala existed since ancient times. This fact was accepted by the plaintiff, Marwari Sewa Samiti, when it signed the agreement with the Pashupati Amalkot Kachahari on Jestha 12 2060," the verdict states.

The verdict further mentions that while there is no dispute regarding the fact that the land is Guthi land registered under the Pashupati Amalkot Kachahari, the main basis for the Samiti's claim was a photocopy of a tenancy certificate naming 'Shree Pashupati Gaushala Dharmashala' in the tenant column of the registration records.