KATHMANDU: The responsibility for operating the Gaushala Dharmashala remains with the Marwadi Sewa Samiti, dealing a setback to Kathmandu Metropolitan City (KMC) Mayor Balendra Shah’s attempt to take over its management.
A joint bench of Patan High Court judges Munendra Prasad Awasthi and Hemanta Rawal ruled in favor of the Marwadi Sews Samiti, allowing it to continue managing the Dharmashala.
With this decision, the previous agreement between KMC and the Pashupati Area Development Trust (PADT) has also been nullified. PADT had initially terminated its agreement with the Marwadi Seva Samiti following KMC’s intervention.
The dispute over the Dharmashala’s management had reached the Kathmandu District Court, which ruled in favor of PADT. This led to a new agreement between PADT and KMC. However, before the appeal period expired, PADT and KMC finalized their agreement, prompting the Marwadi Sewa Samiti to file an objection.
Following the Patan High Court’s decision, the original 2003 agreement between PADT and the Marwadi Sewa Samiti for operating the Dharmashala is reinstated. PADT had unilaterally canceled this agreement on August 2, 2023, leading the Marwadi Sewa Samiti to challenge the decision in the Kathmandu District Court. However, the district court ruled against the Samiti on October 2, 2024.
Before the full district court verdict was made public, PADT handed over the Dharmashala’s management to KMC through a new agreement on October 8, 2024, triggering clashes when KMC attempted to take control of the facility. In response, the Marwadi Sewa Samiti filed a writ at Patan High Court on October 17, 2024.
On October 18, 2024, the high court issued a temporary stay order preventing the implementation of the PADT-KMC agreement. Later, on November 28, 2024, the court extended this order, barring KMC from entering the Dharmashala premises.
Finally, on Thursday, the court ruled in favor of the Marwadi Sewa Samiti, declaring the PADT-KMC agreement invalid.
Following the verdict, the Marwadi Sewa Samiti expressed satisfaction, stating, “The Honorable Patan High Court has upheld our petition, delivering justice. We are grateful to intellectuals, service seekers, journalists, civil society, security personnel, and the local administration for their support during this challenging period. We are delighted to have preserved a service-oriented institution like the Pashupati Gaushala Dharmashala.”
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