he has not been traced, and as per clear provisions made in Article 8 (2) (B) of the Interim Constitution of Nepal, 2063, Clause 3 (1) of the Nepali Citizenship Act, 2063, Rule 3 (1) of Citizenship Rule, 1.2 of (2) of Chapter 2 of Citizenship Certificate Distribution Procedure Directives that mother can grant identity by providing citizenship to her children, order or command including the mandamus order, whichever is needed, should be issued on the name Lalitpur Sub-metropolitan City, Ward No. 13, of the opponents, to provide recommendation to obtain citizenship certificate and on the name of Lalitpur District Administration Office to provide citizenship to my son by descent, by mother’s name. district, Lalitpur Sub-metropolitan City. In Rule 3 of Nepal Citizenship Rule, 2063, under the procedures of obtaining Nepalese citizenship certificate, in Rule 3 (B), there is clear provision that recommendation made by the local body concerned, explaining birthplace and relationship, shall have to be submitted; hence, there exists the condition that Lalitpur Municipality, Ward No. 13 shall not have the jurisdiction to recommend for the citizenship for the opponent; whereas, on the other hand, the condition is that the opponent have not furnished the application to the Office of Ward No. 13 to get recommendation for the sake of the citizenship, but had come to get information orally. Hence, the permanent address of the opponent is not the Lalitpur Sub-metropolitan City, Ward No. 13; hence, there was the condition that this Office could not recommend for the sake of citizenship. Hence, the writ petition of the opponent is revocable. I, Bijay Basnet, of the petitioners, was raised and educated by my mother, Yashu Maya Budhathoki, by giving birth, nurturing, providing education, health treatment. I have heard only the name of my father, but not seen him. Hence, my mother has constitutional and legal rights to provide identity through her name, and I am ensured with the right to obtain identity from my mother; hence, order or command including the mandamus order, whichever is needed, should be issued to provide me with citizenship through my mother’s name. Of the opponents, Yashu Maya Budhathoki Basnet has mentioned in the petition that her residence by birth is Sagarmatha zone, Okhaldhunga district, Ajapu Village Development Committee, Ward No. 3, but she has not mentioned the address of her husband. In the complaint furnished to request to take initiative for the sake of the recommendation of the National Human Rights Commission, she has mentioned that her husband was a resident of Okhaldhunga. Hence, instead of going to their own region, as being the residents of Okhaldhunga, and furnishing recommendation to the district administration concerned for the sake of citizenship upon obtaining it from village development committee or municipality concerned, by not so doing, there never exists the condition that the Court shall support the opponent simply due to entering into the writ jurisdiction, without adopting the legal process to be adopted by them as per law but stating that the Lalitpur Municipality, Ward No. 13 has not provided recommendation. Hence, writ petition is revocable in prima facie; it should be revoked. There are hundreds of thousands of people like me across Nepal who have been the victims upon being without citizenship; by issuing mandamus so as to interpret in connection to theirs as well, order should also to issued on the names all of the seventy five District Administration Offices through the Ministry of Home Affairs and all of the Offices of Village Development Committees and Offices of the Metropolitan Cities, Sub-metropolitan Cities and all of their Ward Offices to circulate for the sake of implementation of the aforementioned order. Writ petition reads as above. What has happened on this? Why is the order as per the petitioner’s claim not supposed to be issued? If order is not supposed to issued, explaining its ground and reason, submit by doing as per rule after affidavit is furnished or time limit expires, by issuing summon on the name of the opponent, keeping the replica copies of this order and the petition, to submit affidavit through Office of the Attorney General within 15 (fifteen) days of the journey time. It is clear that the opponents are the residents of Okhaldhunga; the provision of the Interim Constitution of Nepal, 2063, regarding citizenship, Nepal Citizenship Act, 2063 and Nepal Citizenship Rule, 2063 have made the provision that every Nepali shall have to obtain his/her citizenship from the region where they have their permanent residence. Nepal Citizenship Rule, 2063 has made the provision that, up to the connection to the staff, they can to obtain the citizenship certificate of the people of their family from the District Administration Office where they are working, if they want. Hence, the Office of Lalitpur Submetropolitan City, Ward No 13 does not have legal provision to recommend for the sake of citizenship certificate for the opponents of other district; hence, In this, upon going through the content raised in the writ petition, the content of providing citizenship by mother’s name is seen to have remained; hence, it is seen to be appropriate to decide on the present writ petition quickly; hence, first priority has been give as per Rule 63 (3) (F 5) of Supreme Court Rule, 2049. First of all, the opponents are the permanent resident of Okhaldhunga district, but not the permanent residents of Lalitpr Sub-metropolitan City. They may be residing temporarily in Lalitpur 78 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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