17 Diwakar Chhetri vs Government of Nepal Baisakh 30, 2073 (12th May, 2016), N.K.P. 2073, No. 9, Decision No. 9673, Pg. 1682 Supreme Court Division Bench Honorable Justice Govinda Kumar Upadhayay Honorable Justice Jagadish Sharma Poudel Order 2069-WO-0153 Subject: Mandamus Diwakar Chhetri, son of Sushma Rai Chhetri and Rudal Chhetri, a resident of ward No 4 of Kitani VDC of Lalitpur district ........................................................................................................1 Prabhakar Chhetri son of Sushma Rai Chhetri and Rudal Chhetri , a resident of ward No 4 of Kitani VDC of Lalitpur district .......................................................................................................1 Applicant Meera Dhungana for self and on behalf of Women, Law and Development Forum situated at ward No. 11 of Kathmandu Metropolis of Kathmandu District ..............................................1 Vs. Nepal Government, Office of Prime Minister and Council of Ministers, Singhadurbar Kathmandu .....................................................................................................................................1 Ministry of Local Development, Pulchok, Lalitpur .....................................................................1 Ministry of Home, Singhadurbar, Kathmandu ...........................................................................1 Opponent District Administration Office, Lalitpur .......................................................................................1 Office of Kitani VDC, Godawari, Lalitpur .....................................................................................1 The brief facts and order of the present writ petition, which falls under the jurisdiction of this Court, which has been filed as per Article 107 (2) of the Interim Constitution of Nepal, 2063, are as follows: Godawari under Lalitpur District. We are the sons of Nepalese parents. Our father Rudal Chhetri died on date 2036/8/26 (December 12, 1979 A.D.) when we were 5 and 1 years of age. After the death of father, mother held a second marriage with Yogendra Rai in 2042 B.S. (1985/86 A.D.) Hence, Yogendra Rai is still our patron. Our mother informed us that after the death of father, all the documents connected to him were burnt down as per our custom and tradition; hence, it has become impossible to obtain citizenship through father’s name; hence, whenever we frequently went to Lalitpur District, Kitani Village Development Committee to obtain recommendation, our mother were talked with low leveled matter, so as to feel humiliated, like if she had determined to give the citizenship to the sons, why she had held second marriage, and that record has been submitted herewith. On date 2068/11/25 (March 8, 2012 A.D.), when we had gone to the aforementioned Village Development Committee to get recommendation upon filling up the form The petitioner institution is continuously working for the sake of women rights and human rights. The petitioner has locus standi to file petition as per article 107 of the Interim Constitution of Nepal, 2063. We, the petitioners, Diwakar Chhetri and Prabhakar Chhetri, are the victims who were refused to allow citizenship upon going to Village Development Committee to get recommendation for the sake of obtaining citizenship. From the conjugal relationship between the father Rudal Chhetri and mother Sushma Rai, I, Diwakar Chhetri, and I, Prabhakar Chhetri, were born at Patan Hospital on date 2031/5/22 (September 7, 1974 A.D.) and on date 2035/4/25 (August 9, 1978 A.D.) respectively. Since we were born, we have been continuously living at Kitani Village Development Committee 4, 115 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION