17
Diwakar Chhetri
vs
Government of Nepal
Baisakh 30, 2073 (12th May, 2016), N.K.P. 2073, No. 9, Decision No. 9673, Pg. 1682
Supreme Court
Division Bench
Honorable Justice Govinda Kumar Upadhayay
Honorable Justice Jagadish Sharma Poudel
Order
2069-WO-0153
Subject: Mandamus
Diwakar Chhetri, son of Sushma Rai Chhetri and Rudal Chhetri, a resident of ward No 4 of
Kitani VDC of Lalitpur district ........................................................................................................1
Prabhakar Chhetri son of Sushma Rai Chhetri and Rudal Chhetri , a resident of ward No 4 of
Kitani VDC of Lalitpur district .......................................................................................................1
Applicant
Meera Dhungana for self and on behalf of Women, Law and Development Forum situated
at ward No. 11 of Kathmandu Metropolis of Kathmandu District ..............................................1
Vs.
Nepal Government, Office of Prime Minister and Council of Ministers, Singhadurbar
Kathmandu .....................................................................................................................................1
Ministry of Local Development, Pulchok, Lalitpur .....................................................................1
Ministry of Home, Singhadurbar, Kathmandu ...........................................................................1
Opponent
District Administration Office, Lalitpur .......................................................................................1
Office of Kitani VDC, Godawari, Lalitpur .....................................................................................1
The brief facts and order of the present writ petition,
which falls under the jurisdiction of this Court,
which has been filed as per Article 107 (2) of the
Interim Constitution of Nepal, 2063, are as follows:
Godawari under Lalitpur District. We are the sons of
Nepalese parents. Our father Rudal Chhetri died on
date 2036/8/26 (December 12, 1979 A.D.) when we
were 5 and 1 years of age. After the death of father,
mother held a second marriage with Yogendra Rai
in 2042 B.S. (1985/86 A.D.) Hence, Yogendra Rai is
still our patron. Our mother informed us that after
the death of father, all the documents connected
to him were burnt down as per our custom and
tradition; hence, it has become impossible to
obtain citizenship through father’s name; hence,
whenever we frequently went to Lalitpur District,
Kitani Village Development Committee to obtain
recommendation, our mother were talked with low
leveled matter, so as to feel humiliated, like if she
had determined to give the citizenship to the sons,
why she had held second marriage, and that record
has been submitted herewith. On date 2068/11/25
(March 8, 2012 A.D.), when we had gone to the
aforementioned Village Development Committee
to get recommendation upon filling up the form
The petitioner institution is continuously working
for the sake of women rights and human rights.
The petitioner has locus standi to file petition as
per article 107 of the Interim Constitution of Nepal,
2063.
We, the petitioners, Diwakar Chhetri and Prabhakar
Chhetri, are the victims who were refused to allow
citizenship upon going to Village Development
Committee to get recommendation for the sake
of obtaining citizenship. From the conjugal
relationship between the father Rudal Chhetri
and mother Sushma Rai, I, Diwakar Chhetri, and
I, Prabhakar Chhetri, were born at Patan Hospital
on date 2031/5/22 (September 7, 1974 A.D.) and on
date 2035/4/25 (August 9, 1978 A.D.) respectively.
Since we were born, we have been continuously
living at Kitani Village Development Committee 4,
115
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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