residence under this district, the Office would
provide citizenship by investigating. If it could
not be justified that he was a Nepalese citizen
by descent, he could furnish application for
the sake of naturalized citizenship; then,
he returned saying that he would furnish
application by collecting evidence. Since then,
he has not come back to contact in the Office.
Upon being unable to gather ground, reason
required to obtain citizenship certificate,
this petitioner has filed writ petition making
this Office an opponent; hence, it should be
revoked. Affidavit, of the date of 2072/5/20
(September 6, 2015 A.D.) on behalf of District
Administration Office, Sunsari, of Rabi Lal
Pantha, the Chief of the same Office, reads as
above.
4.
5.
procedural processes should also be fulfilled.
Citizenship is said to be provided when
evidence documents including relationship
verification deed of Gopal Bishwas mentioned
by the petitioners as their father; but without
submitting evidence documents to expose
father’s nationality and relationship having
petitioner’s father, in the condition of who the
father has been, the writ petition furnished by
deceiving the description that citizenship has
not been provided should be revoked.
In the writ petition that has been submitted to
day before this Bench for the sake of decision
upon being inducted to the weekly and daily
cause list as per rule, learned advocate, Sunil
Ranjan Singh and advocate Dipak Duwe,
present on behalf of the petitioner, pleaded
that there is no dispute that the petitioner,
Prashant Bishwas, is the son of Nepalese citizen,
Sabitri Shrestha Bishwas, who has obtained
Nepalese citizenship certificate. His father,
being disappeared, has not come to contact;
hence, the fact that this Sabitri Shrestha is a
Nepalese citizen by descent is clear according
to the provision of Article 8 (2) (B), Clause 3
(1) of Nepal Citizenship Act, 2063. There is the
provision that a person, whose father or mother
has not been traced, shall obtain citizenship
according to the process of Rule 33 (1) of Nepal
Citizenship Rule, 2063. While requesting to
obtain citizenship according to that process,
the opponent, District Administration Office,
Sunsari refused to be provided with citizenship.
The opponent’s act has been against including
the international documents in which Nepal
is a party as well as the Interim Constitution
of Nepal, Nepal Citizenship Act, and Rule;
hence, order should be issued on the names
of the opponents so as to make interpretation
that citizenship should be provided to the
petitioner, Prashant Bishwas, and the victims
like him, by mother’s name.
6.
Upon hearing the pleadings as per above, after
studying the document file and documents, in
the present petition, is the order supposed to
be issued as per claim? It appears that decision
is to be made on this issue.
7.
While considering towards the decision, it is
seen to have been mentioned in the petition
that the petitioner is the son of Nepalese
citizens Gopal Bishwas having the house in
Sunsari district, Dharan Municipality, Ward No
6, and Sabitri Shrestha (Bishwas). Petitioner’s
pleading is seen that upon having marriage of
the father, Gopal Bishwas, with Sabitri Shrestha,
a resident of Kathmandu district, Kirtipur
Municipality, Ward No. 1, Prashant Bishwas
was born on date 2050/6/5 (September 21,
1993 A.D.) from that matrimonial relationship,
and the petitioner’s father, Gopal Bishwas,
disappeared without giving any information
when he was in childhood condition or he
was 5 years old, and father has no relatives,
and father has not obtained citizenship either;
hence, when application was furnished to
obtain citizenship by mother’s name, he was
refused to be provided with citizenship.
Upon seeing documents evidence replica
copy attached to the petition, from citizenship
certificate No. 538 issued by District Office,
Kathmandu on date 2056/7/16 (November 2,
1999 A.D.) on her name, the matter that Sabitri
Shrestha (Bishwas) is seen to have been a
Nepalese citizen. Moreover, it is seen from the
replica copy attached to the spot investigation
deed made by the local persons, and document
file with migration document of the date of
2071/12/13 (March 27, 2015 A.D.), and that
father has not obtained citizenship certificate
and father has no brothers and father, Gopal
Bishwas, has been disappeared.
Pleading has been heard, which has been made
by learned deputy attorney, Mr. Sanjiv Regmi,
present on behalf of including the opponent,
including the Government of Nepal, stating
that the Government of Nepal has not made
any discrimination to provide citizenship
to Nepalese citizens like the petitioner. For
the sake of the substantive right of obtaining
citizenship claimed by the petitioner, some
8.
From birth registration certificate of Dharan
Municpality, it is seen that the petitioner,
Prashant Bishwas, was born on date 2050/6/5
(September 21, 1993 A.D.). The petitioner is
seen to have mentioned in the writ petition
that he furnished application to District
125
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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