residence under this district, the Office would provide citizenship by investigating. If it could not be justified that he was a Nepalese citizen by descent, he could furnish application for the sake of naturalized citizenship; then, he returned saying that he would furnish application by collecting evidence. Since then, he has not come back to contact in the Office. Upon being unable to gather ground, reason required to obtain citizenship certificate, this petitioner has filed writ petition making this Office an opponent; hence, it should be revoked. Affidavit, of the date of 2072/5/20 (September 6, 2015 A.D.) on behalf of District Administration Office, Sunsari, of Rabi Lal Pantha, the Chief of the same Office, reads as above. 4. 5. procedural processes should also be fulfilled. Citizenship is said to be provided when evidence documents including relationship verification deed of Gopal Bishwas mentioned by the petitioners as their father; but without submitting evidence documents to expose father’s nationality and relationship having petitioner’s father, in the condition of who the father has been, the writ petition furnished by deceiving the description that citizenship has not been provided should be revoked. In the writ petition that has been submitted to day before this Bench for the sake of decision upon being inducted to the weekly and daily cause list as per rule, learned advocate, Sunil Ranjan Singh and advocate Dipak Duwe, present on behalf of the petitioner, pleaded that there is no dispute that the petitioner, Prashant Bishwas, is the son of Nepalese citizen, Sabitri Shrestha Bishwas, who has obtained Nepalese citizenship certificate. His father, being disappeared, has not come to contact; hence, the fact that this Sabitri Shrestha is a Nepalese citizen by descent is clear according to the provision of Article 8 (2) (B), Clause 3 (1) of Nepal Citizenship Act, 2063. There is the provision that a person, whose father or mother has not been traced, shall obtain citizenship according to the process of Rule 33 (1) of Nepal Citizenship Rule, 2063. While requesting to obtain citizenship according to that process, the opponent, District Administration Office, Sunsari refused to be provided with citizenship. The opponent’s act has been against including the international documents in which Nepal is a party as well as the Interim Constitution of Nepal, Nepal Citizenship Act, and Rule; hence, order should be issued on the names of the opponents so as to make interpretation that citizenship should be provided to the petitioner, Prashant Bishwas, and the victims like him, by mother’s name. 6. Upon hearing the pleadings as per above, after studying the document file and documents, in the present petition, is the order supposed to be issued as per claim? It appears that decision is to be made on this issue. 7. While considering towards the decision, it is seen to have been mentioned in the petition that the petitioner is the son of Nepalese citizens Gopal Bishwas having the house in Sunsari district, Dharan Municipality, Ward No 6, and Sabitri Shrestha (Bishwas). Petitioner’s pleading is seen that upon having marriage of the father, Gopal Bishwas, with Sabitri Shrestha, a resident of Kathmandu district, Kirtipur Municipality, Ward No. 1, Prashant Bishwas was born on date 2050/6/5 (September 21, 1993 A.D.) from that matrimonial relationship, and the petitioner’s father, Gopal Bishwas, disappeared without giving any information when he was in childhood condition or he was 5 years old, and father has no relatives, and father has not obtained citizenship either; hence, when application was furnished to obtain citizenship by mother’s name, he was refused to be provided with citizenship. Upon seeing documents evidence replica copy attached to the petition, from citizenship certificate No. 538 issued by District Office, Kathmandu on date 2056/7/16 (November 2, 1999 A.D.) on her name, the matter that Sabitri Shrestha (Bishwas) is seen to have been a Nepalese citizen. Moreover, it is seen from the replica copy attached to the spot investigation deed made by the local persons, and document file with migration document of the date of 2071/12/13 (March 27, 2015 A.D.), and that father has not obtained citizenship certificate and father has no brothers and father, Gopal Bishwas, has been disappeared. Pleading has been heard, which has been made by learned deputy attorney, Mr. Sanjiv Regmi, present on behalf of including the opponent, including the Government of Nepal, stating that the Government of Nepal has not made any discrimination to provide citizenship to Nepalese citizens like the petitioner. For the sake of the substantive right of obtaining citizenship claimed by the petitioner, some 8. From birth registration certificate of Dharan Municpality, it is seen that the petitioner, Prashant Bishwas, was born on date 2050/6/5 (September 21, 1993 A.D.). The petitioner is seen to have mentioned in the writ petition that he furnished application to District 125 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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