S. No. Writ No. Decision/ Order Date, Publication No. Name of Plaintiff and Defendant Case Details Summary of the decision Page No. that father cannot be identified. By giving the information of the present order to the opponents through the Office of the Attorney General, submit the document file upon doing as per law by striking off the record of case file. 11 070WO0082 13th April, 2015 Yasu Maya Budhathoki Basnet VS Government of Nepal As per clear provisions made in Article 8 (2) (B) of the Interim Constitution of Nepal, 2063, Clause 3 (1) of the Nepali Citizenship Act, 2063, Rule 3 (1) of Citizenship Rule, 1.2 of (2) of Chapter 2 of Citizenship Certificate Distribution Procedure Directives that mother can grant identity by providing citizenship to her children, order or command including the mandamus order, whichever is needed, should be issued on the name Lalitpur Submetropolitan City, Ward No. 13, of the opponents, to provide recommendation to obtain citizenship certificate and on the name of Lalitpur District Administration Office to provide citizenship to my son by descent, by mother’s name. It is seen that the petitioner Bijay Basnet can obtain citizenship of Nepal by descent through the name of his mother, Yashu Maya Budhathoki, from the address Lalitpur district, Lalitpur Submetropolitan City, Ward No. 13; it is decided that this mandamus order shall be issued on the name of the opponents, to provide or get the citizenship certificate of Nepal by descent provided to the petitioner by fulfilling the rule and process of law. 76 12 070-WS0016 N.K.P. 2072, Part 57, No. 9, Decision No. 1459, Pg. 1539, 18th April, 2016 Amrit Kumar sharma VS Government of Nepal Sub-rule (6) of Nepal Citizenship Rule, 2063 and Point No. (7) of Citizenship Certificate Distribution Directives, 2063 have been inconsistent with including Sub-article (2) (3) of Article 8, Article 10, Sub-article 12, Sub-articles (1) of Article 12, Sub-articles (1), (2), (3) of Article 13, Sub-article (1) Article 22 of the Interim Constitution of Nepal, 2063 and Sub-clause (3) of Clause 3 of Nepal Citizenship Act, 2063, hence, should be declared invalid and void to the extent of that inconsistency as per Sub- article (1) of Article 107 of the Constitution, and in the situation of the identification made by Prajapati Sharma (Timsina) by attaching his citizenship as per law, Mandamus order should be issued on the names of the opponents, the Home Ministry and the District Administration The decision made on the date of 2070/4/9 by District Administration Office, Kathmandu, by refusing the provision as per Sub-clause (3) of Clause 3 of Nepal Citizenship Act, 2063 and Sub-article (6) of Article 8 of the Constitution, avoiding the demand of the petitioner, is not seen to have been based on the Constitution and law. Therefore, it is decided that Sub-rule (6) of Rule 3 of Nepal Citizenship Rule, 2063 and Point No. 10 (7) of Citizenship Certificate Distribution Directives, 2063 are not seen to have been inconsistent with the Sub-article (3) of Article 8, Articles 13, 22 of the Interim Constitution of Nepal, 2063 as well as with Sub-clause (3) of Clause 3 of Nepal Citizenship Act, 2063; hence, the writ petition shall be quashed up to that inconsistency. Constitutional and legal provision are seen to have been made in Sub-article (30 of Article 8 of the Constitution and Sub-clause (3) of Clause 3 of Nepal Citizenship Act, 2063, stating that the person found within the borders of Nepal, having paternity maternity not known, shall obtain the citizenship on the basis of descent; hence, the decision made by District Administration Office, Kathmandu, on the date of 2070/4/9 (July 24, 2013 A.D.), and the functions and actions connected with that have been revoked with the Certiorari Order as per Subarticle (2) of Article 107 of the Constitution. 84