Rule, the condition was that the petitioner did not claim to obtain citizenship by including those kinds of documents; hence, petitioner’s petition should be revoked. record was not recovered as the record was not found as the record of his citizenship certificate 3640 of the date of 2025 B.S. (1968/69 A.D.) was tattered and torn off; hence, they were sent off by providing information of the rule, process and procedure of the Citizenship Act, advising to submit application for the sake of new process by providing information of the condition that citizenship certificate had to be made by new process; however, it is not seen that decision has been made by exposing any ground, reason of not being able to provide citizenship upon the application submitted by the petitioner, asking that citizenship certificate of Nepal should be granted, or giving order together with the reason if other procedure is supposed to be adopted regarding the citizenship. Now, It seems that decision is to be made whether order is supposed to be issued or not as per the petition claim. Application is seen to have been furnished stating that after the son, Gopal Khanal, was born on date 2051/8/1 (November 17, 1994 A.D.) from the conjugal relationship after Jayanti Shikari, of the petitioners, got married to Badri Prasad Khanal, having house at K.M.C., Ward No. 4, as the second wife, that Badri Prasad Khanal became away from contact towards 2054 B.S. (1997/98 A.D.), mother accomplished the minor’s education, nurture, and even after the son’s age was complete, the father did not come into contact; hence, went to District Administration Office along with the replica copy of C.C. of father along with recommendation of Ward for the sake of making citizenship, obtain information that father should come otherwise citizenship would not obtained; while starting process to obtain citizenship by mother’s name, were told that citizenship could not be issued by mother’s name by retaining father’s surname, Khanal; Khanal surname was mentioned in the certificates of the school of the son, and as the replica copy of the citizenship certificate of the father was required, while searching out, was successful to find an identity card having father’s citizenship No. 3640 mentioned; after that, while demanding replica copy of the citizenship certificate from District Administration Office, Kathmandu, mentioning citizenship No. of the father, it was informed that it could not be provided due to the reason that C. record of No. 3640 of the date of 025 B.S. (1968/69 A.D.) was tattered and torn off; and, stating that without the father’s citizenship certificate, recommendation was not made by the Ward Office; hence, he, the petitioner, Gopal Khanal, was deprived of the citizenship certificate simply because the father, Badri Prasad Khanal, had been disappeared; hence, mandamus order should be issued to provide citizenship certificate by identifying by mother as per Clause 3 (1) of Citizenship Act, 2063, Rule 3 (1) of Citizenship Rule, 1.2 of (2) of Chapter 2 of Citizenship Certificate Distribution Procedure Directives. Mainly, it appears that both the parents have been Nepalese citizens as per Clause 3 (1) of Nepal Citizenship Act, 2063; hence, Gopal Khanal, of the petitioners, tried to obtain citizenship by descent by mentioning father’s name, surname in the citizenship, he could not obtain citizenship. It is seen from the affidavit of the District Administration Office, that citizenship of father or husband exposing descent was not submitted, upon trying to tally the record, such In Sub-rule (1) of the Procedure of Obtaining Nepalese Citizenship Certificate by Descent, of Rule 3 of Nepal Citizenship Rule, 2063 “Nepalese citizens over sixteen years of age shall have to furnish application as per the format of Schedule 1, by attaching following documents, before the Chief District Officer concerned if he/she wishes to obtain Nepalese citizenship certificate by descent: a) Nepalese citizenship certificate of father or mother or the relative within three generations towards his/her lineage. b) Recommendation or birth registration certificate to expose birthplace and relationship done by the local body concerned c) If citizenship certificate of relative within three generations as per Section (A), relationship verification letter to expose relationship with the aforementioned relative.” In Sub-clause (1) of Rule 3 of Nepal Citizenship Rule, 2063 as per aforementioned, there is the provision of the procedure of obtaining Nepalese citizenship certificate by descent; and it is seen up to the fact that even mother’s citizenship certificate and father’s citizenship No. to identify by her has been submitted; however, it is seen from petition claim that recommendation or birth registration certificate provided by the local body concerned to expose birthplace and relationship as per Sub-rule (1) (B) of Rule 3 of Citizenship Rule, 2063 could not be submitted. Similarly, in Rule 3 (2) of the same Nepal Citizenship Rule, 2063 “Nepalese citizenship certificate can be provided to a Nepalese citizen who cannot submit the evidence as per Sub-rule (1) along with the application, on the ground of the documents as follows: a) Spot investigation made by local residents who have obtained Nepalese citizenship certificate in the format as per Schedule-3 in the presence of the representative of local body so as to expose that the applicant’s father or mother was Nepalese citizens, hence, he/she is a 112 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION