S.
No.
Writ No.
Decision/
Order Date,
Publication
No.
Name of
Plaintiff and
Defendant
Case Details
Summary of the decision
Page
No.
16
071WO1025
4th April,
2016
Jayanti
Shikari
(Khanal) VS
Government
of Nepal
My right to obtain and make
identity by mentioning
father’s name and by
identifying by mother as
per constitutional and
legal provisions by has
been ensured to me, Gopal
Khanal, of the petitioners;
hence, order, command
including mandamus,
whichever is needed,
should be issued to provide
citizenship by identifying by
mother.
Due to the condition that citizenship No.
9194/2044, Makwanpur, the mother of the
petitioner, Gopal Khanal, has been ready to
stay for identification stating that Badri Prasad
Khanal, citizenship No. 3640/025 Kathmandu
is the father of the petitioner; as father’s name
is seen to have been mentioned in character
certificate and mark sheet of the petitioner, Gopal
Khanal, as Badri Prasad Khanal, Bishal Nagar-4
Kathmandu, it is decided that mandamus order
shall be issued on the name of the opponent,
District Administration Office, Kathmandu,
to provide citizenship certificate unless the
description explained or claimed by the
petitioner is not seen otherwise, by adopting the
procedure including examining spot investigation
as soon as possible as per Rule 3 (2) (A) and (B) of
Nepal Citizenship Rule, 2063 as well.
Moreover, in connection to the citizens of this
nature, particularly, to those whose father, upon
being a Nepalese citizen, has not come into
contact or has been disappeared or to those
who are in the condition of the fathers being
reluctant to get their children provided with
citizenship, and to those who wish to obtain
citizenship mentioned father’s name, surname
as well, if mother or close relative give consent
to bear liability by staying for identification,
it is seen necessary to pay proper attention
towards what, what kinds of appropriate and
proper measure can be there to ease and
simplify regarding providing citizenship to any
Nepalese citizens who want to obtain citizenship
adopting necessary and appropriate procedure
of including Rule 3 (2) of Citizenship Rule, 2063.
Generally, in order to make the legal provisions
to obtain citizenship by the citizens simplified,
easy and comprehensible, by paying attention
to the following matters, besides other things,
this directive order has also been issued on the
name of the opponent, the Ministry of Home
Affairs to arrange necessary provisions to provide
citizenship certificate easily by issuing circulation
on the names of all the Chief District Officers
nationwide.
108
17
2069WO0153
N.K.P.
2073, No.
9, Decision
No. 9673, Pg.
1682, 12th
May, 2016
Diwakar
Chhetri VS
Government
of Nepal
As per the Interim
Constitution of Nepal, 2063
and Nepal Citizenship Act,
2063 and international
human rights documents,
our mother was a Nepalese
citizen at the time of our
births; hence, despite
having our right to obtain
citizenship of descent,
contrary to this, while going
to get recommendation
of the citizenship and the
citizenship by mother’s
name, we were verbally
refused to be given
recommendation and the
citizenship; hence, we have
been deprived of our
It is seen that decision is supposed to be made
after conducting investigation regarding whether
the petitioners are the person who obtain
citizenship as per Clause 3 (1) of the Nepal
Citizenship Act, 2063 or are the persons who can
obtain citizenship as per Clause 3 (2) and Clause 5
(2) of the same Act or not; hence, it is decided that
mandamus order shall be issued on the names
of the opponents District Administration Office,
Lalitpur and previous Kitani presently Godawari
Village Development Committee, Lalitpur to
decide by conducting necessary investigation and
provide its information to the petitioners as well.
115
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