S.
No.
Writ No.
Decision/
Order Date,
Publication
No.
Name of
Plaintiff and
Defendant
Case Details
Summary of the decision
Office, Kathmandu as per
Sub-clause (2) of Article
107 of the Constitution,
stating to get the citizenship
provided as per law.
No decision is found to have been pronounced
by the District Administration Office either,
upon whether or not the petitioner shall obtain
the citizenship as per the application furnished
by the petitioner for the sake of citizenship. If
any condition is seen that the petitioner shall
not obtain the citizenship, it is the duty of the
opponent, District Administration Office, to assist
the Court by sending affidavit and authorized
documents by mentioning the base and reason
of that. By defying the Court order by not sending
even the affidavit, District Administration Office,
Kathmandu is seen to have not extended the
support in the accomplishment of the justice.
The defiant Office and its Chief who have not sent
the affidavit along with reason and authorized
documents as per demanded are supposed to be
irresponsible and undisciplined. Such actions
can never be acceptable. Send by writing to the
official, who made the decision pertaining to the
petitioner’s citizenship on date 2070/4/9 (July
24, 2013 A.D.) and to the Office, which ignored
to send the affidavit, through the Government
of Nepal, Home Ministry in order to make aware
upon the responsibilities and duties stipulated
by the law.
Page
No.
13
070WO0876
29th
February,
2016
Kiran
Khadki VS
Government
of Nepal
Our right conferred by the
Article 8 (2) (B) Clause 3
(1) of Nepal Citizenship
Act, 2063 order, command
including mandamus,
whichever is needed, should
be issued on the name of
the opponents to provide
citizenship of descent to me,
the petitioner Kiran Khadgi,
the son of Sarita Khadgi, by
mother’s name.
No pleading is seen to have been held in the
affidavit of the opponent, District Administration
Office, Kathmandu that the petitioner cannot
or shall not obtain citizenship as per claim, and
it is not right to obstruct posing unnecessary
complication from providing citizenship
certificate to be provided as per law; hence, it is
decided that mandamus shall be issued on the
name of opponent, District Administration Office,
to provide Nepalese citizenship certificate to the
petitioner as per claim by fulfilling the process
upon immediately calling the petitioner.
92
14
068-WO
-0731
15th March,
2016
Sajda
Sapkota VS
Government
of Nepal
For the sake of obtaining
citizenship by mother’s
name, application was
furnished by fulfilling the
process as per Article 8 (2)
(B), Sub-clause (1) of Clause
3 of Nepal Citizenship Act,
063 and Sub- rule (1) of
Rule 3 of Nepal Citizenship
Rule, 2063, but condition
has surfaced to wipe
out our identity by the
aforementioned oral order
given by the opponent,
stating that citizenship
could be given by mother’s
name, without even
registering the application,
and condition has appeared
for us to be compelled to
live in the stateless situation
throughout our lives;
hence, order or command
including mandamus
whichever is needed should
be issued giving an order
In the situation of the application furnished by
fulfilling the minimum process as per law for
the sake of obtaining citizenship, on the ground
of the aforementioned precedent propounded
by this Court, instead of helping in friendly
manner in the sensitive issue such as citizenship,
the opponents are found to have made the
petitioners lingering by refusing to confer
citizenship certificate, pretending this and that.
Such work cannot be considered as responsible
and legal work. petitioners’ mother has possessed
the citizenship of Nepal and their father has been
disappearing; hence, there is no obstacle present
in conferring citizenship by mother’s name and
mandamus has already been issued before this by
this Court on this issue; but, even though all the
District Administration Offices are seen to have
been circulated, the work of not conferring the
petitioners with the citizenship by mother’s name
is unjust; hence, it is decided that mandamus
is supposed to be issued on the name of the
opponents to immediately confer them with the
citizenship by mother’s name. Hence, according
to the spirit of the order made in the present case
and the order made in the case of Sabina Damai it
is decided that directive order shall be issued on
97
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