that at the time of the birth of a person, if his/her father or mother is a Nepalese citizen, such person shall be qualified to obtain citizenship. In Article 11 (2) (B) of the present Constitution of Nepal also, the provision as per the same is found to have been retained. In Sub-article (5) of the same Article, by making provision that “The person, who was born and is residing in Nepal from a Nepali citizen mother and whose father cannot be identified, shall be conferred with the citizenship of Nepal by descent;” in the proviso clause, the provision is found to have been retained stating that “provided that, if father is decided to have been a foreign citizen, the citizenship of such person’s citizenship shall be changed into naturalized citizen as per the federal law.” Though the present writ petition was filed under the then prevailing Constitution of Nepal, 2063, after repealing the aforementioned Constitution, in the context of the promulgation of the present Constitution of Nepal, there is no doubt that now the issue of acquisition of the citizenship also shall be as per this Constitution. In Clause 3 of Nepal Citizenship Act, 2063, it is found that although a person, whose father or mother was a citizen of Nepal at the time of his/her birth, shall become a citizen of Nepal by descent, in Clause 5 (2), in connection to the child born to a Nepali Citizen woman who is married to a foreign citizen, if he/she is residing permanently in Nepal upon being born in Nepal and if he/she has not obtained the citizenship of foreign country on the ground of the father’s citizenship, he can be conferred with naturalized citizenship as per prescribed. these is vested in the person who is allowed to use such right. In the context of the present writ petition, although there is no doubt that the writ petitioners are allowed to use the constitutional and legal right to obtain citizenship by mother’s name, the liability lies on the petitioners themselves to fulfill the aforementioned constitutional and legal standards and processes needed to use the aforementioned right. If the writ petitioners go to the authorized body to obtain citizenship by fulfilling the process, such body shall have to come to a conclusion upon conducting necessary investigation regarding obtaining or not obtaining the citizenship as per claim. Hence, it is seen that decision is supposed to be made after conducting investigation regarding whether the petitioners are the person who obtain citizenship as per Clause 3 (1) of the Nepal Citizenship Act, 2063 or are the persons who can obtain citizenship as per Clause 3 (2) and Clause 5 (2) of the same Act or not; hence, it is decided that mandamus order shall be issued on the names of the opponents District Administration Office, Lalitpur and previous Kitani presently Godawari Village Development Committee, Lalitpur to decide by conducting necessary investigation and provide its information to the petitioners as well. Provide the information of the order to the Office of the Attorney General and the opponents. Striking off the record of the case file, submit the document file by doing as per rule. Justice Even if the petitioners have claimed that their father was a Nepalese citizen, there is the condition that the writ petitioners have admitted themselves that they were unable to submit evidence of their father being a Nepalese citizen. If law has made available more than one option to use any constitutional and legal right, the right to choose any option out of I am with the said opinion. Justice Bench Officer: Aatmadev Joshi Computer Setting: Chandra Timalsena 2073/01/30/05 (Thursday, 12th May, 2016) 118 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION