S.
No.
Writ No.
Decision/
Order Date,
Publication
No.
Name of
Plaintiff and
Defendant
Case Details
Summary of the decision
Page
No.
constitutional right, our
right to get identity, right to
get higher education, right
to employment, right to
business, right to residence,
right of equality, right of
nationality, including right
to make choice of obtaining
citizenship through whose
name out of father or
mother’s name; hence,
order or command should
be issued on the name
of opponents to provide
recommendation to get
citizenship to us victims
petitioners by mother’s
name and give and get the
citizenship given too, and
issue order or command
including mandamus,
whichever is needed, so as
to interpret in connection to
the other victims like us who
remain across the country.
18
072WO0520
29th August,
2016
Kriti
Thapa VS
Government
of Nepal
According to Article 11
(2) (B) and Article 12
of the Constitution of
Nepal, Clause 3 (1) of the
Citizenship Act, 2063, Rule
3 (1) of Citizenship Rule,
2063, and has been against
Article 15 of International
Human Rights, Article 24
of International Covenant
on Civic and Political
Right, 1966, Article 7 of
Convention on the Rights
of the Children, including
Article 9 of Convention on
Elimination of all forms
of Discrimination Against
Women, 1979, order an
command including
mandamus, whichever is
needed, should be issued
to provide citizenship by
mother’s name as per law
and to provide citizenship
by descent by mother’s
name so as to be interpreted
in connection to the victims
like us across the country.
The matter that Kabita Thapa, the mother of
Kriti Thapa, is a Nepalese citizen also has been
justified, and the petitioner, Kriti Thapa, is seen
to have been born in Nepal from the Nepalese
citizen, Kabita Thapa; hence, it is decided that
mandamus order shall be issued on the name
of the opponent, Kathmandu Metropolitan
City, Ward No. 5, Ward Committee stating not
to refuse to provide recommendation for the
sake of citizenship if the petitioner submits
mother’s citizenship and if she submits evidence
to ensure birth, and on the name of District
Administration Office, Kathmandu not to refuse
to provide citizenship by mother’s name if the
recommendation and the replica copy of the
citizenship of the mother’s name is submitted.
119
19
071WO1076
29th August,
2016
Prashant
Biswas VS
District
Admin.
Office,
Sunsari
Mandamus order should be
issued on the names of the
opponents as per Article
8 (1), 8 (2) (B), Articles 12
(1), 13 (1) of the Interim
Constitution of Nepal,
2063, Clause 3 of Nepal
Citizenship Act, 2063 and
including the writ petition
decided on by the esteemed
Supreme Court regarding
(N.L.M. 2068 D.No. 8557
Number 2 P. 247).
The matter that Sabitri Shrestha, the mother of
the petitioner, Prashant Bishwas, is a Nepalese
citizen is also justified, and the petitioner,
Prashant Bishwas, is seen to have been born in
Nepal from Nepalese citizen Sabitri Shrestha;
hence, it is decided that mandamus order shall
be issued on the name of District Administration
Office, Kathmandu not to refuse to provide
citizenship by mother’s name if the petitioner
furnishes application by submitting mother’s
citizenship.
124
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