11 Yasu Maya Budhathoki Basnet vs Government of Nepal Chaitra 30, 2071 (13th April, 2015) Supreme Court Division Bench Honorable Justice Gopal Parajuli Honorable Justice Cholendra Shamsher J.B.R. Decision 070-WO-0082 Subject: Mandamus Yasu Maya Budhathoki Basnet having birth place at ward No. 3 of Ajapu VDC of Okhaldhunga currently a resident of ward No 13 of Lalitpur Sub-metropolis …......................1 Bijay Basnet alias Bijay Chhetri Basnet son of Yasu Maya Budhathoki Basnet and Jogendra Basnet , a resident of ward No 13 of Lalitpur Sub -metropolis ...........................……1 Applicant Vs. Nepal Government, Office of Prime Minister and Council of Ministers, Singhadurbar Kathmandu .......................................................................................................................................1 Nepal Government Ministry of Home, Singhadurbar,Kathmandu…………….…......................1 Nepal Government, Ministry of Federal Affairs and Local Development Lalitpur ....................1 Nepal Government Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs Singhadurbar Kathmandu ……………………………….....................................................1 Opponent Nepal Government Ministry of Women, Children and Social Welfare, Singhadurbar Kathmandu .......................................................................................................................................1 District Administration Office, Lalitpur Man Bhawan………………………….............................1 Office of ward No 13 of Lalitpur Sub -metropolis ……………………………...............................1 Brief fact and decision of the present writ petition that has been filed as per Articles 32 and 107 (2) of the Interim Constitution of Nepal are as follows: No. 13 of the opponents to provide my son with recommendation to obtain citizenship certificate by descent, by mother’s name, and on the name of Lalitpur District Administration Office to provide citizenship certificate. Of the petitioners, I, Yashu Maya Budhathoki Basnet, single mother of the petitioner Bijay Basnet, have been providing patronage. After the birth of the son, my husband, Jogendra Basnet, went out of the valley, but the condition is that he has not been found since; and as per clear provision that mother can give identity by providing citizenship as per Article 8 (2) (B) of the Interim Constitution of Nepal, 2063, Clause 3 (1) of Nepal Citizenship Act, 2063, Rule 3 (1) of Citizenship Rule, 1.2 of (2) of Chapter 2 of Citizenship Certificate Distribution Procedure Directives, order command including mandamus order, whichever is needed, should be issued on the name of Lalitpur Sub-metropolitan City, Ward My mother, Yashu Maya Budhathoki Basnet, has been providing me, Bijay Basnet, of the petitioners with nurture, education and health treatment as well, and I have been grown up, raised and educated under the patronage of single mother since I was born. I have just heard the name of my father from the mouth of the mother. I have not seen the face of my father well yet. Mother has worked hard to give birth to, raised and educate me. Hence, I want to obtain and make my identity, too, through the mother’s name. Citizenship is a very important basic document of 76 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION