19
Prashant Biswas
vs
District Administration Office, Sunsari
Bhadra 13, 2073 (29th August, 2016)
Supreme Court,
Division Bench
Honorable Judge Dr. Aananda Mohan Bhattarai
Honorable Judge Prakashman Singh Raut
Order
071-WO-1076
Subject: Mandamus et al
Prashant Biswas, a resident of ward No 6 of Dharan Municipality of Sunsari district ...........1
Petitioner
Plaintiff
Vs.
District Administration Office, Sunsari ..........................................................................................1 Defendant
Respondent
Brief fact and order of the present writ petition
that has been submitted by being fallen under the
jurisdiction of this Court as per Article 107 (2) of the
Interim Constitution of Nepal, 2063 are as follows:
1.
(March 27, 2015 A.D.), it was returned on
date 2072/3/25 (July 10, 2015 A.D.) without
doing anything, orally stating that I could go
wherever I had to and that citizenship could
not be provided from there; hence, I have been
compelled to be deprived of getting higher
education, employment and government
service and facilities; hence, mandamus order
should be issued on the names of the opponents
as per Article 8 (1), 8 (2) (B), Articles 12 (1), 13
(1) of the Interim Constitution of Nepal, 2063,
Clause 3 of Nepal Citizenship Act, 2063 and
including the writ petition decided on by the
esteemed Supreme Court regarding (N.L.M.
2068 D.No. 8557 Number 2 P. 247). Writ petition
of Prashant Bishwas, of the date of 2072/3/30
(July 15, 2015 A.D.), reads as above.
I, petitioner, am the victim of being deprived
of Nepalese citizenship. I am the son of
Gopal Bishwas, a resident of Sunsari district,
Dharan Municipality, Ward No. 6 and Sabitri
Shrestha. After my father, Gopal Bishwas,
disappeared, when I was 5 years old, without
informing the mother; he has not been traced
yet. My father has not obtained citizenship
certificate at all, and this father does not have
any brothers; hence, mother has been staying
upon coming to maternal home at Kathmandu
district, Kirtipur Municipality, Ward No. 1,
and obtained citizenship certificate from
District Administration Office, Kathmandu
on date 2056/7/16 (November 2, 1999 A.D.).
Petitioner’s parents are Nepalese citizens.
I, the petitioner, am now 21 years old, and
presently require citizenship for the sake of
achieving higher education; hence, by fulfilling
all the documents and legal process including
birth certificate, educational qualification,
migration, voter’s identity card of the mother,
spot investigation deed and recommendation
of local registrar, document was submitted
to District Administration Office, Sunsari, by
identifying by mother, for the sake of obtaining
citizenship by descent on date 2071/12/13
2.
Submit the affidavit within 15 days and give first
priority, too. Order of this Court, on the names
of the opponents, of the date of 2072/3/31 (July
16, 2015 A.D.), reads as above.
3.
Writ petitioner, Prashant Bishwas, asked how
he could obtain Nepalese citizenship certificate
by descent since his father was disappeared
and his father did not have any brothers, he
was given oral information on behalf of the
Office, stating that if application was furnished
in the prescribed format by attaching to it the
evidence that he was a Nepali based on descent
and including evidence of having permanent
124
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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