S.
No.
Writ No.
Decision/
Order Date,
Publication
No.
Name of
Plaintiff and
Defendant
Case Details
Summary of the decision
Page
No.
and other appropriate order
be issued to circulate to all
the District Administration
offices through the
Home Ministry with the
interpretation applying to
all the victims like us of all
over the nation.
33
074WO0508
16th April,
2018
Bobby
Thapa VS
Government
of Nepal
The provisions according
to the provisions made by
Articles 10 (1), 11 (2) (b), 12
of the Constitution of Nepal
allows to obtain citizenship
by descent with the name
of mother or father have
been made in Section 3 (1)
of Nepal Citizenship Act,
2063. I, the petitioner Iva
Rajauriya, have not got the
citizenship upon being
identified by my mother;
hence, I am being deprived
of right relating to equality,
right to obtain citizenship,
right to employment, right
to do business chosen by
me, right of education to
achieve higher education,
right to think with freedom,
right of property, right to
choose residence conferred
by the Constitution, and
right to equality, right to
nationality conferred by
International Manifesto
on Human Rights, and the
right to achieve my identity;
hence, by revoking with
certiorari order the sanction
order made by the official
of the opponent, District
Administration Office to
submit by getting marriage
registration attached,
order or command
including mandamus order,
whichever is necessary,
should be issued to provide
my daughter with the
citizenship certificate based
on descent from my address
by identifying my me, her
mother Bobby Thapa of the
petitioners.
While looking into the constitutional and legal
provisions quoted above, provision does not
seem to have been made to submit marriage
registration certificate of Nepali father and
mother for the sake of obtaining Nepali
citizenship certificate by descent.
It is seen from the copy of the parent’s citizenship
that both the parents acquired citizenship
through decent. the applicant seems to have
submitted all the documents needed for
obtaining citizenship by descent, along with the
application, pursuant to Sections 3 and 8 of Nepal
Citizenship Act, 2063 and Rule 3 of Citizenship
Rule, 2063. It neither seems legal nor wise to
deem otherwise to these evidences submitted
along with the application by the applicant,
stating that citizenship certificate should be
granted by descent.
For the sake of doing any work as per prevailing
law, when conditions prescribed by law have
been fulfilled and rule is attained by the office
bearer or the body to whom legal duty and
responsibility has been assigned for the sake of
doing such work, it does not appear just and legal
to refuse or delay to do such work by making any
other pretensions.
200
34
072-CI0718
(14th May,
2018)
Lucky
Sharma
VS District
Admin.
Office,
Makwanpur
I obtained the citizenship of
from the opponent, District
Administration Office,
Makawanpur by submitting
necessary documents,
including the citizenship of
the mother, Indu Kumari
Thapa as per the Citizenship
Act and Rule; but, the
Section Clerk of the
Mandamus order should be issued on the
names of the opponents to return the genuine
citizenship obtained by him; whereas, there were
the affidavits of including the opponent District
Administration Office, including that evidence
and Nepali citizenship certificate revealing the
birthplace and date of birth of the petitioner’s
father did not seem to have been submitted;
hence, the Nepali citizenship certificate provided
for the petitioner by descent was cancelled
206
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