order. Likewise, in the petition having including
Bhola Nagarkoti versus the Government of
Nepal (Writ No. 2069-WO-0880) also, it is seen
to have been ordered by this Court to provide
citizenship by mother’s name. It has been
mentioned above regarding the decision made
on the writ petition of Ranjita Thapa. Thus, it is
also seen that the matter that citizenship can be
obtained through the name of Nepalese citizen
mother has been established by this Court
before this. Upon the demand of the petitioner
that citizenship should be granted by mother’s
name, the matter of where the father has gone
or what has happened is not seen relevant.
Despite having the provision that citizenship
can be obtained by mother’s name, to deprive
the petitioner of obtaining the citizenship
or to tell her to go to inconvenient district is
considered to be an act done against the law.
The official bestowed with legal authority shall
have to fulfill his/her legal duty. Not to do so
appears to be against not just the equality
but equity, too. It is necessary to look into this
issue upon being sensitive by the opponent
Office itself since the petitioner has said that
application was furnished to the District
Administration Office, Kathmandu.
have been born in Nepal from the Nepalese
citizen, Kabita Thapa; hence, it is decided that
mandamus order shall be issued on the name
of the opponent, Kathmandu Metropolitan
City, Ward No. 5, Ward Committee stating not
to refuse to provide recommendation for the
sake of citizenship if the petitioner submits
mother’s citizenship and if she submits
evidence to ensure birth, and on the name of
District Administration Office, Kathmandu not
to refuse to provide citizenship by mother’s
name if the recommendation and the replica
copy of the citizenship of the mother’s name
is submitted. As per the decision made by this
Court on the aforementioned writ petition of
Sabina Damai on the issue that citizenship can
be obtained by mother’s name, it is exposed that
circulation has been made to all the District
Administration Offices; hence, it appears that
re-order is not supposed to be issued on all the
District Administration Offices. Provide the
information of the order to the opponents, and
submit the document file to the record section,
by striking off the record of the case file.
Justice
I agree with the said opinion.
21. Hence, from the aforementioned ground and
reason, in the present petition, the matter
that Kabita Thapa, the mother of Kriti Thapa,
is a Nepalese citizen also has been justified,
and the petitioner, Kriti Thapa, is seen to
Justice
Bench Officer: Manu Kumari G.M. B.K. (UnderSecretary)
2073/05/13/01 (Sunday, 29th August, 2016)
123
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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