revoked by the aforementioned ground and reason.
Affidavit of the Government of Nepal, Ministry of
Women, Children and Social Welfare reads as above.
established fact upon the issue of dispute claimed
by the opponents that action can be furthered on
out of the address of father or mother, he cannot
specified that this the address of this Office out
of the addresses of his or his parents, hence,
jurisdiction cannot be accepted by breaching the
law. The petition filed by mentioning different facts
of the condition that cannot attract the precedents
mentioned in the context of the petition, should
be revoked in connection to this Office. Affidavit of
Hetauda Sub-metropolitan City, Office of Ward No.
1 reads as above.
If the opponents had registered any application for
the sake of recommendation by being present in this
Office, they would have submitted those documents
evidence. If anyone furnishes application to
this Office along with necessary documents,
recommendation is being provided by not fulfilling
process; the opponents have not be furnished any
application yet nor is it seen to have been registered;
hence, the writ petition, which the opponent have
filed with an intention to just exert unnecessary
trouble and harassment should be revoked. Affidavit
of Kathmandu Metropolitan City, Office of Ward
No.4 reads as above.
In the present case that has been submitted upon
being inducted to the daily cause list as per rule,
document file and documents along with the
application have been studied.
Instead of furnishing application as per rule to this
Office by the party who asks for citizenship certificate
of Nepal, being abided by the rule, process and
procedure determined in the Citizenship Act and
Rule, he/she has not submitted citizenship of father
or husband to expose descent; upon trying to crossmatch of the record of his/her father or husband in
this Office, the record of 3640 of the date of 2025 B.S.
(1968/69 A.D.) of his citizenship certificate has been
tattered and torn off; hence there was no record;
hence, upon providing information that citizenship
certificate has to be made with new process in the
condition of such record undiscovered, he/she was
sent back by asking to furnish application for the
sake of new process by providing information of
rule, process and procedure of the Citizenship Act;
hence, the writ petition filed by making this Office an
opponent by mentioning false description should be
revoked. Affidavit of District Administration Office
reads as above.
Pleading has been heard which was made by learned
advocate Mr. Pabitra Raut, present on behalf of
the petitioners, stating that Gopal Khanal, of the
petitioners, had clearly claimed that father being
Badri Prasad Khanal and mother being Jayanti
Shikari (Khanal), they were Nepalese citizens, and
that mother had got citizenship certificate and
father’s citizenship No. was 3640. The condition
was that petitioner wanted to obtain citizenship by
keeping identification of the mother, Jayanti Shikari
(Khanal), mentioning father’s name, surname;
and father’s name had been mentioned as Badri
Prasad Khanal in his character certificate
of
passing out grade 8 of Gopal Khanal as well; hence,
relationship was exposed and relationship was
justified. Among the documents as per Rule 3 (1)
of Nepal Citizenship Rule, 2063, though the Ward
Office had not accepted the recommendation of
local body or birth registration and relationship
verification letter to expose relationship with
relative, instead of providing citizenship certificate
upon the application submitted, asking that
Nepalese citizenship certificate should be granted
as per the format of Schedule 1 of Nepal Citizenship
Rule, 2063 by conducting spot investigation as per
Rule 3 (2) of the same Rule, from the opponent’s
act of depriving of citizenship without speaking
regarding providing or not providing citizenship,
the petitioners were deprived of the guarantee of the
rights to obtain certificate and provide citizenship
to her child by her name; hence, order including
mandamus should be issued in the names of the
opponents as per petition claim.
If the writ petitioners furnish application from the
place, where there is his/her father’s permanent
residence, before the Chief District Officer
concerned by obtaining recommendation of the
local body concerned, its actions shall happen
from the District Administration Office concerned.
Writ petitioners themselves have the responsibility
to fulfill the documents to be submitted to obtain
citizenship certificate by the Citizenship Act
and Rule; hence, if he/she goes to the District
Administration Office along with the documents
concerned as determined by the Act and Rule by
fulfilling the procedure prescribed, all the acts and
actions shall happen from there; hence, writ petition
furnished by making this Ministry an opponent is
revocable; hence, should be revoked. Affidavit of
the Government of Nepal, Ministry of Home Affairs
reads as above.
Pleading has been heard which was made by
learned joint attorney, Mr. Snajiv Raj Regmi, stating
that instead of furnishing application to obtain
Nepalese citizenship certificate, by submitting the
recommendation or birth registration certificate
and relationship verification letter to expose
relationship with the relative, done by local body
as per Rule 3 (1) (B) (C) of Nepal Citizenship Rule,
2063 in the format as per Schedule 1 of the same
Action can be furthered out of the address of father
or mother in the condition that it is factually unclear
where the address of the opponent is; but the
111
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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