being a human by nature, he/she becomes nonexistent upon being deprived of the basic human rights by being legally without rights. of the Attorney General by keeping the document file concerned together, do as per rule after the affidavit arrives or the time limit expires. Order of this Court, of the date of 2071/3/4 (June 18, 2014 A.D.), reads as above. A f t e r K i r t i p u r Mu n i c i p a l i t y p rov i d e d recommendation on date 2070/4/28 (August 12, 2013 A.D.) as per above, we went to District Administration Office for the sake of citizenship certificate tens of times, but by giving oral order that citizenship could not be provided, we were made depressed; hence, we have come to the esteemed Court to furnish present writ petition. In Article 8 (2) (B) of the Interim Constitution of Nepal, 2063, there is constitutional provision that “if a person father or mother was a citizen of Nepal at the time of his/her birth, such person shall be a citizen of Nepal by descent.” Similarly, in Clause 3 (1) of Nepal Citizenship Act, 2063 also there is the provision suitable to the aforementioned Constitution. We, the petitioners, are the complete Nepalese citizens. The parents of mine, Kiran Khadgi, of the petitioners, are also Nepalese citizens. There is clear provision in the Constitution and in law that if any one of father or mother is a Nepalese citizen, his/her children shall be the citizens of Nepal by descent; but I, Kiran Khadgi, the petitioner, has been deprived of obtaining citizenship certificate simply because my father has not been identified; hence, extreme injustice has been meted out. The opponent writ petitioners are not seen to have been able to clearly mention what, what kinds of acts and actions or the decisions of the Government of Nepal, Office of the Prime Minister and the Council of Ministers have breached in the opponents’ what, what kinds of constitutional and legal rights. This Office is not supposed to be made an opponent on the issue of providing citizenship. It is not right to file writ petition by making this Office an opponent even upon the acts, actions and decisions happened and made by other bodies and lien on posts, which/who are authorized to carry out work as per prevailing law. By complying with or getting the Constitution and law complied with, Office of the Prime Minister and the Council of Ministers is committed to realize the concept of rule of law and to respect, protect and promote the rights of the citizens conferred by the Constitution and law. So far as the issue of the acquisition of the citizenship claimed by the petitioner is concerned, regarding this, the Interim Constitution of Nepal, 2063 as well as Nepal Citizenship Act, 2063 has made provision that the citizens of Nepal can obtain citizenship based on equality without discrimination. It is not right to say otherwise to the matter that upon abiding by the rule, process determined in the Citizenship Act, Rule, the party, who requests to obtain citizenship certificate of Nepal, shall have to furnish application, according to rule, to the body concerned. It cannot be said that the lien on posts, who have legal duty to provide citizenship certificate, must provide the citizenship certificate to the opponent petitioners ignoring the rule and process determined in the law. Upon looking into the context of obtaining citizenship of Nepal by mother’s name, in the petition of writ No. 0703 of the year 2067 B.S. having including Sabian Damai versus including this Office, directive order was issued on date 2067/11/15 (February 27, 2011 A.D.) on the name of the Ministry of Home Affairs to provide the citizenship of Nepal to the petitioner by mother’s name, to arrange necessary provisions by issuing circulation on the names of all the C.D.Os. across the country to provide citizenship certificate easily by mother’s name if the children, who were born in Nepal from Nepalese citizen mother, come to ask for citizenship by mother’s name by fulfilling the rule and process of Nepal Citizenship Act, 2063 and Rule of the same; and for the sake of its implementation, it was sent, by writing to the Ministry of Home Affairs, on date 2068/3/6 (June 20, 2011 A.D.); letter for information of 3 points As per the provision in Rule 3 (1) of Nepal Citizenship Rule, 2063, that form of Schedule 1 is to be filled up by a person over 16 years of age who wants to obtain Nepalese citizenship certificate, attaching with Nepalese citizenship certificate of his/her father or mother or the relative within three generations and the recommendation made by the local body concerned by exposing birthplace and relationship and replica copy of the birth registration certificate, even if all the processes were fulfilled, we were refused to obtain citizenship certificate; hence, our right conferred by the Article 8 (2) (B), Article 10 of the Interim Constitution of Nepal, 2063 and Article 13 (1) (2) (3), Article 20 (1) (3) of the same, Clause 3 (1) of Nepal Citizenship Act, 2063 as well as the right conferred by the international Human Rights Law in which Nepal is a party, to obtain citizenship and to provide our children with citizenship has been affected; hence, order, command including mandamus, whichever is needed, should be issued on the name of the opponents to provide citizenship of descent to me, the petitioner Kiran Khadgi, the son of Sarita Khadgi, by mother’s name. Petition reads as above. What has happened on this; why is not the order supposed to be issued as per the demand of the petitioner; by providing information to submit affidavits within 15 days from the date of this order received, except the journey time, through the Office 93 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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