lawsuits upon the properties. But, by ignoring the aforementioned evidence to be examined, the Home Minister is found to have made the decision against the evidence attached with the document file by taking the matters in evidence which is not supposed to be taken for evidence. In the country where there is rule of law, each of the decision makers including Home Minister shall have to make decision only on the basis of prevailing Nepal law and facts and evidence. The decision made on the basis of the facts and evidence not contained in the document file is supposed to be the decision made arbitrarily and in the absence of judicial spirit, and such decision is voidable. descriptions to obtain citizenship is erroneous; hence, that decision and the decision made by the Appellate Court, Patan on the date of 2062/10/17 (January 30, 2006 A.D.) that has made that decision valid are decided to be revoked opposite to the facts and evidence. Do other things as follows: Particulars: As stated above in the decision section the decision of Home Minister level dated 2058/11/21 (March 5, 2002 A.D.) and the decision delivered by the Appellate Court, Patan on the date of 2062/10/17 (January 30, 2006 A.D.) that has made the said decision valid have been revoked and the citizenship of defendant Ashok Kumar Shah could not be held terminated, give memo to the District Administration Office, Makwanpur not to implement the said decision .....1 5. Hence, though the situation is seen from the document file that the father of the appealer, Ashok Kumar, had been staying in Nepal by accumulating various immovable properties and running occupation and business; this appealer was born in Nepal and is permanently residing in Nepal by purchasing and possessing immovable properties, the decision made by His Majesty’s Government, Home Minister on the date of 2058/11/21 (March 5, 2002 A.D.) to omit from the citizenship without undisputed evidence, saying that he is a foreign citizen on the fabricated basis that he had lied about his For the information of the opponent serve copy of this decision to the Office of Attorney General .....2 Deduct the registration of this case and duly hand over the case file to the Archive Section ................3 I agree with the said opinion. Justice Damodar Prasad Sharma Handed down on Tuesday, 18 Falgun of the year 2066 (02 March, 2010). 27 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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