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Ranjit Thapa
vs
Office of the Prime Minister and Council of Ministers
Asar 12, 2066 (26th June, 2009), N.K.P. 2066, No. 6, Decision No. 8175, Pg. 1014
Supreme Court of Nepal, Division Bench
Hon. Justice Ms. Gauri Dhakal
Hon. Justice Mr. Rajendra Prasad Koirala
2065-WO-0035
Date of verdict: Friday, 26th June, 2009
Subject: Mandamus
Mr. Ranjit Thapa, resident of Kathmandu Metropolitan City, Ward No. 35, Kathmandu
district, et al. ..................................................................................................................................1
Petitioner
Vs.
Office of the Prime Minister and Council of Ministers, Singha Durbar, Kathmandu, et al. ....1 Respondent
•
son of Ms. Lila Raymajhi ( Thapa) resident of
Kathmandu Metropolitan City, Ward No. 35, of
Kathmandu district and Mr. Sharad Bahadur Thapa,
resident of Sharada Batase VDC, Ward No. 01 of
Kabhrepalanchowk district. I was born on 24th
August, 1986 and now I am 21 years of age. Both of
my parents are Nepali citizens and have obtained
citizenship certificates as well. As my father has
disregarded and took no care of me and my mother,
did not provide us subsistence from the beginning
therefore, we have been staying in the maternal
home of my mother. I studied in Ratna Shiksha
Sadan, Koteshwor of Kathmandu.
Section 3 of Nepal Citizenship Act, 2006 as well
has conferred the right to obtain citizenship
certificate either from the name of father or
mother and has thus included mother and
father both as the ancestor. Hence, citizenship
certificate may be granted to the petitioner,
if he submits an application along with the
recommendation of concerned body and fulfills
the prescribed procedure, from any one address
out of the address of his mother or father as per
his choice in case the addresses of his father and
mother are different. (Paragraph No. 8)
After graduating SLC, I requested my father Sharad
Bahadur Thapa to confer me citizenship however,
he reacted rudely and said “Whatever you do but
I will not confer you citizenship”. Thus, I decided
to obtain citizenship from the name of my mother
and submitted application for recommendation on
4th June, 2008 before the Ward Office of Kathmandu
Metropolitan City, Ward No. 35, of Kathmandu
district for obtaining citizenship. Upon receiving
recommendation from Ward Office, I approached
the District Administration Office, Kathmandu
located at Kathmandu Metropolitan City, Ward No.
11, Babarmahal. The Office ordered for conduction
of Police Public Field Inquiry and the process
of Schedule 5 and 3 as well. Metropolitan Police
Circle, New Baneshwor on the day of 6th June,
2008 completed Public Field Inquiry. After duly
attaching the photocopies of citizenship certificates
of the persons whose names were mentioned in the
Precedents Adopted:
Related Acts: Section 3(1), 3 of Nepal Citizenship
Act, 2006
Rule 3(1) of Nepal Citizenship Rules, 2006
Article 8(2), 22 of the Interim Constitution of Nepal,
2007
Section 9(1) of the Nepal Treaties Act, 1990
Order of Justice Ms. Gauri Dhakal: The brief of the
facts and judgment of the present writ petition filed
to this court pursuant to Articles 32 and 107 of the
Interim Constitution of Nepal, 2007 and presented
before this bench are as follows:
We, the petitioners, have locus standi pursuant
to Article 107 on account of being Nepali citizens.
From among the petitioners, I, Ranjit Thapa,
am a person deprived of citizenship. I am the
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Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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