High Court orders PADT not to evict Marwadi Sewa Samiti from Pashupati Dharmashala

KATHMANDU, Nov 29: The Patan High Court has issued an interim order preventing the immediate removal of the Marwadi Sewa Samiti from the Pashupati Dharamshala.

In response to a writ petition filed by the Marwadi Sewa Samiti, a bench comprising judges Tanka Prasad Gurung and Tikaram Acharya issued an order that the Marwadi Sewa Samiti should not be removed from the Dharamshala until the court settles the dispute.

The court also ordered a halt to the implementation of an agreement reached on October 8, 2024 between the Pashupati Area Development Trust (PADT) and the Kathmandu Metropolitan City to evict the Marwadi Sewa Samiti from the Dharmashala.

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This follows a decision on October 7 to manage the Pashupati Dharmashala by the PADT. The decision also allowed for coordination with other relevant bodies as needed, giving the PADT a clear path to manage the facility. However, the high court order has given clear instruction to maintain the status quo.

The Marwadi Sewa Samiti , which had been paying only Rs 51,000 annually to the PADT, was utilizing the structures built in the Gaushala for commercial purposes and making financial gains. Later, the Marwadi Sewa Samiti also added more structures there.

After widespread questions were raised, the PADT decided on August 2, 2023, to review the agreement with Marwadi Sewa Samiti which dates back to the Rana era. The PADT subsequently issued a notice canceling the old agreement and requesting the Marwadi Sewa Samiti to come forward and sign a new agreement with appropriate and just terms within 15 days. In response, the Marwadi Sewa Samiti knocked on the doors of the Kathmandu District Court as a part of legal recourse to resolve the issue.

However, the Kathmandu District Court ruled in favor of the PADT after which the Marwadi Sewa Samiti filed a writ petition with the Patan High Court, asserting their right to challenge the decision.

With this interim order, the Marwadi Sewa Samiti cannot currently be removed from the Dharamshala.