12 Amrit Kumar Sharma vs Government of Nepal Baisakh 3, 2072 (18th April, 2016), N.K.P. 2072, Part 57, No. 9, Decision No. 1459, Pg. 1539 Supreme Court, Special Bench Honorable Justice Kalyan Shrestha Honorable Justice Om Prakash Mishra Honorable Justice Devendra Gopal Shrestha Order 070-WS-0016 Subject: Certiorari included Mandamus Amrit Kumar Sharma, age 17, resident of ward No. 35 of Kathmandu Metropolis of Kathmandu District l ....................................................................................................................1 Petitioner Vs. Government of Nepal, the Office of the Prime Minister and Council of Ministers ................1 Home Ministry, Government of Nepal .......................................................................................1 Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs Government of Nepal ..........................................................................................................................................1 Respondent Ministry of Local Development and Federal Affairs, Government of Nepal ...........................1 District Administration Office, Kathmandu ................................................................................1 The brief facts and decision of the present writ petition filed under Articles 32 and 107 of the Interim Constitution of Nepal, 2063 are as follows. names and birthplaces have not been mentioned in the application form, and the patron, Prajapati Sharma (Timsina) has not been conferred patronage by any authorized body for the sake of including nurturing; hence, I have become citizenship-less. In Article 8 of the interim Constitution of Nepal, 2063, there is the provision that if the father or mother of a person was a Nepalese citizen during the time of his/her birth, such person, and every minor having no whereabouts of maternity/paternity, who has been found within the border of Nepal, shall be considered as a citizen of Nepal based on descent until his/her father or mother is traced. Sub-clause (6) of Clause 3 of Nepal citizenship Act, 2063 also has made provision that every minor, having no whereabouts of maternity/paternity, who has been found within the border of Nepal, shall be considered as a citizen of Nepal based on descent until his/her father or mother is found. As per the aforementioned constitutional and legal provisions there is no reason for me not to obtain citizenship. The minors, whose maternity/paternity has not been traced, but found within Nepal borders like me, the petitioner, have been deprived of A person, with name/surname not known, house is said to be Lamjung district, took me to the house of Prajapati Sharma (Timsina) , a resident of Dhanusha District, Naktajhija V.D.C., Ward No. 1, saying that I was his son and that he himself was living there to work. Later, that person went away leaving me there, saying that he would return after a while, but has not come back yet; then he could not have been found even upon being searched for by Area Police Office, Mahendranagar, Dhanusha. I have been living under the patronage of Prajapati Sharma (Timsina) since that person left me there. As per the patron, as the name was told as Amrit Kumar, my name has been identified as Amrit Kumar. Because my patron has migrated to Kathmandu, now I am also residing in Kathmandu along with him. I have become adult now, while application was furnished to the District Administration Office, Kathmandu for the sake of citizenship by fulfilling necessary process, that Office has not conferred the citizenship, stating that parents’ 84 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION