S. No. Writ No. Decision/ Order Date, Publication No. Name of Plaintiff and Defendant Case Details Summary of the decision Page No. 29 069WO1041 4th June, 2017 Sun Kumari Magar Tamang VS Office of Prime Minister and Council of Ministers The Articles 8(2)(b), 12(1), 13(1)(2)(3) and 20(1)(3) of the Interim Constitution of Nepal, 2007; Section 3(1) of the Nepal Citizenship Act, 2007; and Clause 2(4) (5) of the Guidelines on the Distribution of Citizenship, 2007 have been flouted leading to an infringement as to the enjoyment of my constitutional rights. Hence, pursuant to the above constitutional and statutory provisions and the court decision, I hereby pray to the Court for issuing an order of mandamus and any other relevant order in the name of respondents as per Article 107(2) of the Interim Constitution of Nepal, 2007 instructing them to provide me - the writ petitioner Sun Kumari Magar Tamang with the recommendation as well The petitioner seems to have filed an application at the Office of Ward No. 1 of Dhankuta Municipality, seeking recommendation for the purpose of obtaining citizenship certificate. As such, that Municipality called an inquiry on 15.11.2011 at the presence of local individuals which yielded a report. In the answer no. 5 of that inquiry report, the persons in witnesses have written down that the petitioner has not yet gained a citizenship certificate. Though the inquiry report states that recommendation for citizenship to the petitioner by establishing respondent Ongud Tamang as her husband could not be given; the court verdict that already held her as the spouse of respondent Ongud Tamang, is not yet proved otherwise. Thus, it may lead to a situation whereby the petitioner will be deprived of obtaining her partition share in the lack of citizenship and the execution of court verdict will also become challenging. Considering these circumstances, as the inquiry report made on 15.11.2011 by the Office of Ward No. 1 of Dhankuta Municipality amounts to a breach of right of the petitioner to acquire citizenship and property, the action and inquiry report dated 15.11.2011 is hereby annulled. Now, an order of mandamus is hereby issued in the name of respondents, pursuant to Article 107(2) of the Interim Constitution of Nepal, 2007 and Article 133(2)(3) of the Constitution of Nepal instructing them to grant the petitioner citizenship certificate by establishing her as the wife of respondent Ongud Tamang, in following the spirit of verdict in the partition case, if she applies before the District Administration Office, Dhankuta by enclosing the copy of verdict of that case. 181 30 073WO1115 21st August, 2017 Sarthak Raut VS Government of Nepal I, the petitioner Sarthak Raut, was born on date 2051/10/21 (February 4, 1995 A.D.) on behalf of my parents, Krishna Raut (C.C.No. 35026/1318, D.A.O., Chitwan), permanent resident in Chitwan district, Mangalpur V.D.C., Ward No. 1 upon being born in Udaypur district and Samundra Pariyar, resident of Chitwan district, Mangalpur V.D.C., Ward No. 1. Since I attained maturity, application was furnished on date 2073/10/4 (January 17, 2017 A.D.) to get citizenship by descent provided, the Ward concerned endorsed with rejection stating that recommendation could not be provided for the sake of citizenship certificate as there were grounds of the father’s C.C. and birth; and Both of his father and mother had obtained citizenship before the commencement of this Constitution, and even if such citizenship certificates are by birth, it seems that the Constitution itself has made clear provision that the child of such citizens may obtain Nepali citizenship by descent. The petitioner’s parents both seem to have obtained citizenship of Nepal before the commencement of the Constitution of Nepal. It seems that the petitioner’s father has obtained citizenship certificate by birth and mother has obtained citizenship certificate of Nepal by descent. In the present situation, it cannot be said otherwise to the matter that this petitioner must obtain Nepali citizenship by descent. Due to the provision of Section 3 of Nepal Citizenship Act, 2063 too, no restriction seems to have been imposed upon this petitioner against obtaining Nepali citizenship certificate by descent. On the ground of constitutional and legal provisions analyzed above, conditions appears that the petitioner may obtain Nepali citizenship by descent. As it is contrary to procedural norm to cross the Constitution and law by the decision or circulation of the Ministry; hence, it seems that the letter of District Administration Office, Chitwan of the date of 186