S.
No.
Writ No.
Decision/
Order Date,
Publication
No.
Name of
Plaintiff and
Defendant
Case Details
Summary of the decision
Page
No.
Therefore, an order of Mandamus has
been hereby issued in the name of District
Administration Office Nuwakot to verify
and register the application submitted by
the petitioner Nina Tamang for obtaining
citizenship certificate, following the necessary
legal procedure in case she comes to do so and
for taking necessary action whatever has to be
taken pursuant to Article 8(2) (b) of the Interim
Constitution of Nepal 2007 and Nepal Citizenship
Act, 2006.
8
067WO1249
10th July,
2013
Sita Devi
Adhikari
et al VS
Government
of Nepal
Order including Mandamus
whichever is required
should be issued on the
names of the opponents
stating to implement or get
the naturalized citizenships
implemented in practice,
which are to be issued on
the basis of the provisions
made in Article 8 (7) of the
Interim Constitution of
Nepal, 2063, Clause 5 (2) (3)
of Nepal Citizenship Act,
2063. Moreover, Mandamus
order should be issued on
the name of Home Ministry
stating to make decision or
get the decision to confer
the naturalized citizenships
made upon the application
furnished by me, Raju
Shaiyad Mohammad, of
the petitioners, on the
date of 2064/11/29, stating
“naturalized citizenship
should be granted” as per
Article 8 (7) of the Interim
Constitution of Nepal, 2063,
Clause 5 (2) (3) of Nepal
Citizenship Act, 2063, and
Rule 7 (1) (3) of Citizenship
Rule, 2063, as well as upon
the applications of all
the applicants who have
applied for the naturalized
citizenships.
In the affidavit submitted by the Home Ministry,
it is mentioned that investigation is still going
on upon the aforementioned application. From
this, the situation is clearly seen that the Home
Ministry has committed unjust delay in making
decision on the issue as per petition claimed. The
analysis made above has justified about this, as
well. However, the functions and actions to be
accomplished by the opponent, Home Ministry,
remained as a body that is supposed to take
up public accountability, must be delay-less,
transparent and responsible. Hence, from the
aforementioned analysis, the situation is seen
that the Home Ministry has delayed to make
decision on the issue of the claim held in the
writ petition; hence, it is decided that order of
Mandamus is to be issued on the name of the
opponent, the Home Ministry, stating that by
accomplishing the work as soon as possible if the
work of investigation upon the application for
the naturalized Nepalese citizenship furnished
by the writ petitioner, Raju Shaiyad Mohammad,
is still remaining, to make decision as soon as
possible on the issue of what, whether or not the
citizenship can be conferred to him.
60
9
069WO-880
14th March,
2014
Bhola
Nagarkoti VS
Government
of Nepal
An order of mandamus or
any other similar, needful
order be issued in the name
of respondents causing
them to issue us, the victim
petitioners, citizenship
certificates by descent, in
the mother’s name.
Article 8 (2b) of the Interim Constitution of Nepal,
2007 has prescribed father or mother rather
than father and mother. The said article places
or and not and after the term father. If it were
father and mother instead, one would have not
been able to gain Nepali citizenship certificate
in this situation. However, as the Constitution
has explicitly provided for father or mother, it
is deemed that in the event any one between
the father and mother is a Nepali citizen, such
an offspring may well obtain Nepali citizenship
certificate. This being the case, the respondents
seem to have misconstrued and misinterpreted
67
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