3 Ranjit Thapa vs Office of the Prime Minister and Council of Ministers Asar 12, 2066 (26th June, 2009), N.K.P. 2066, No. 6, Decision No. 8175, Pg. 1014 Supreme Court of Nepal, Division Bench Hon. Justice Ms. Gauri Dhakal Hon. Justice Mr. Rajendra Prasad Koirala 2065-WO-0035 Date of verdict: Friday, 26th June, 2009 Subject: Mandamus Mr. Ranjit Thapa, resident of Kathmandu Metropolitan City, Ward No. 35, Kathmandu district, et al. ..................................................................................................................................1 Petitioner Vs. Office of the Prime Minister and Council of Ministers, Singha Durbar, Kathmandu, et al. ....1 Respondent • son of Ms. Lila Raymajhi ( Thapa) resident of Kathmandu Metropolitan City, Ward No. 35, of Kathmandu district and Mr. Sharad Bahadur Thapa, resident of Sharada Batase VDC, Ward No. 01 of Kabhrepalanchowk district. I was born on 24th August, 1986 and now I am 21 years of age. Both of my parents are Nepali citizens and have obtained citizenship certificates as well. As my father has disregarded and took no care of me and my mother, did not provide us subsistence from the beginning therefore, we have been staying in the maternal home of my mother. I studied in Ratna Shiksha Sadan, Koteshwor of Kathmandu. Section 3 of Nepal Citizenship Act, 2006 as well has conferred the right to obtain citizenship certificate either from the name of father or mother and has thus included mother and father both as the ancestor. Hence, citizenship certificate may be granted to the petitioner, if he submits an application along with the recommendation of concerned body and fulfills the prescribed procedure, from any one address out of the address of his mother or father as per his choice in case the addresses of his father and mother are different. (Paragraph No. 8) After graduating SLC, I requested my father Sharad Bahadur Thapa to confer me citizenship however, he reacted rudely and said “Whatever you do but I will not confer you citizenship”. Thus, I decided to obtain citizenship from the name of my mother and submitted application for recommendation on 4th June, 2008 before the Ward Office of Kathmandu Metropolitan City, Ward No. 35, of Kathmandu district for obtaining citizenship. Upon receiving recommendation from Ward Office, I approached the District Administration Office, Kathmandu located at Kathmandu Metropolitan City, Ward No. 11, Babarmahal. The Office ordered for conduction of Police Public Field Inquiry and the process of Schedule 5 and 3 as well. Metropolitan Police Circle, New Baneshwor on the day of 6th June, 2008 completed Public Field Inquiry. After duly attaching the photocopies of citizenship certificates of the persons whose names were mentioned in the Precedents Adopted: Related Acts: Section 3(1), 3 of Nepal Citizenship Act, 2006 Rule 3(1) of Nepal Citizenship Rules, 2006 Article 8(2), 22 of the Interim Constitution of Nepal, 2007 Section 9(1) of the Nepal Treaties Act, 1990 Order of Justice Ms. Gauri Dhakal: The brief of the facts and judgment of the present writ petition filed to this court pursuant to Articles 32 and 107 of the Interim Constitution of Nepal, 2007 and presented before this bench are as follows: We, the petitioners, have locus standi pursuant to Article 107 on account of being Nepali citizens. From among the petitioners, I, Ranjit Thapa, am a person deprived of citizenship. I am the 17 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION