High Court decision upholds PADT’s ownership of Gaushala Dharmashala

Ashok Adhikari,Kathmandu, May 5: The Patan High Court has upheld the Kathmandu District Court’s decision that full ownership of the Pashupati Gaushala Dharamshala, occupied by the Marwari Sewa Samiti for 23 years, belongs to the Pashupati Area Development Trust (PADT).

A joint bench of Judges Khadga Bahadur KC and Ramesh Prasad Gyawali issued the ruling on Monday, affirming that the Samiti has no tenancy rights over the land and property of the Dharamshala.

Earlier, after the Kathmandu District Court’s decision, the Marwari Sewa Samiti had filed a case at the Patan High Court on December 6, 2024, seeking to have the contract annulled, naming the Pashupati Area Development Trust, its then Member Secretary Dr. Milan Kumar Thapa, and 12 others as defendants.

According to Advocate Krishna Murari Pudasaini, after the High Court upheld the district court’s decision, the Samiti cannot file a further appeal. “After decisions in favour of the Trust from both courts, they can only file a petition for review,” he said.

The full text of the Kathmandu District Court’s October 2, 2024 ruling states that the Samiti has no tenancy rights over the land parcels—4 ropani 15 aana 2 daam (Plot No. 83) and 4 ropani 10 aana (Plot No. 85)—located in former Pashupati, Ward No. 2.

In the case filed on August 9, 2023, the Samiti had claimed tenancy rights over the land. However, the court rejected this claim, stating that no entity named ‘Pashupati Gaushala Dharamshala’ existed historically. It also stated that the Samiti itself acknowledged this fact during a 2003 agreement with the Pashupati Amalkot Kachahari.

The ruling further stated that although the land is undisputedly registered as Guthi (trust) land under the Pashupati Amalkot Kachahari, the Samiti’s claim relied only on a copy of a tenancy registration certificate, which was insufficient to establish legal tenancy.

Lack of evidence

The District Court concluded that none of the documents submitted by the Samiti sufficiently proved its tenancy claim. It also found that the Samiti had acknowledged the full ownership of the structures and land by the Pashupati authority.

The High Court upheld this decision.

The judgment further stated that since the Samiti is bound by the terms of its own agreement, it cannot claim tenancy rights. It also stated that the Samiti cannot disregard Supreme Court rulings in which it was itself a party.

Additionally, the Kathmandu District Court ruled that the contract dated May 26, 2003, was not immutable, stating that its terms had repeatedly been questioned from various perspectives as being neither fair nor transparent.

The court further stated that the Commission for the Investigation of Abuse of Authority had instructed that the agreement be revised to specify a time period, since none had been mentioned in the original contract. Likewise, a Special Court decision on June 14, 2010, and a Supreme Court ruling on July 12, 2011, had allowed for amendments to the contract terms, including the provision to pay an annual amount of Rs. 51,000. However, since such revisions were not implemented, the court upheld the Trust’s decision of August 2, 2023, to cancel the agreement.

Justice to Lord Pashupatinath

Former Member Secretary of the Trust, Dr. Milan Kumar Thapa, said the High Court’s decision ensured justice to Lord Pashupatinath. He emphasised that the Dharamshala should now be operated in coordination with government bodies on a non-profit basis for religious and social purposes.

According to him, based on the decision of the Pashupati Area Development Trust’s Board on October 6, 2024, and the agreement reached between the Trust and Kathmandu Metropolitan City on October 8, 2024, moving forward with the operation and management process of the Pashupati Gaushala Dharamshala would make it more convenient for pilgrims arriving from various countries.

At the time the agreement was signed between the Trust and the metropolitan city, Balendra Shah was serving as the Mayor of Kathmandu Metropolitan City. Dr. Thapa said, “The Prime Minister is also aware of this matter. The court has provided the government with an opportunity to evacuate the Gaushala Dharamshala and utilise it properly for social purposes.”

Historical background

Dr. Thapa stated that records from May 18, 1942, show that the land was allocated to Ram Kumar Marwadi aka ‘Harinarayan’ for growing grass to feed abandoned bulls at Pashupati.

According to him, records of the Trust show that no tenancy exists on the land—comprising 4 ropani 2 aana under plot no. 83 and 4 ropani 10 aana under plot no. 85 in the former Pashupati Panchayat Ward No. 2 ‘A’—totaling 9 ropani 9 aana 2 paisa.

He said, “The 2003 agreement with the committee stated that an annual amount of Rs. 51,000 would be taken. However, agreements are not made with tenants in this manner, nor are donations accepted. The committee was only allowed to operate the dharamshala.”

The Trust had terminated the agreement with the Samiti on August 2, 2023.

The Samiti had been paying Rs. 51,000 annually as support while operating commercial activities such as hotels, lodges, restaurants, a dialysis centre, and cattle farming on the property.

The Gorkhapatra, TRN’s sister daily, had earlier published a series of reports (January 2–6, 2023) titled ‘Misuse of Pashupati Property (Pashupati ko sampati ma rajai)’, pointing out violations such as unauthorised commercial use, attempts to seize land through fabricated tenancy claims, construction in violation of heritage regulations, and failure to amend agreements as directed by the Supreme Court.