S. No. Writ No. Decision/ Order Date, Publication No. Name of Plaintiff and Defendant Case Details Summary of the decision Page No. and other appropriate order be issued to circulate to all the District Administration offices through the Home Ministry with the interpretation applying to all the victims like us of all over the nation. 33 074WO0508 16th April, 2018 Bobby Thapa VS Government of Nepal The provisions according to the provisions made by Articles 10 (1), 11 (2) (b), 12 of the Constitution of Nepal allows to obtain citizenship by descent with the name of mother or father have been made in Section 3 (1) of Nepal Citizenship Act, 2063. I, the petitioner Iva Rajauriya, have not got the citizenship upon being identified by my mother; hence, I am being deprived of right relating to equality, right to obtain citizenship, right to employment, right to do business chosen by me, right of education to achieve higher education, right to think with freedom, right of property, right to choose residence conferred by the Constitution, and right to equality, right to nationality conferred by International Manifesto on Human Rights, and the right to achieve my identity; hence, by revoking with certiorari order the sanction order made by the official of the opponent, District Administration Office to submit by getting marriage registration attached, order or command including mandamus order, whichever is necessary, should be issued to provide my daughter with the citizenship certificate based on descent from my address by identifying my me, her mother Bobby Thapa of the petitioners. While looking into the constitutional and legal provisions quoted above, provision does not seem to have been made to submit marriage registration certificate of Nepali father and mother for the sake of obtaining Nepali citizenship certificate by descent. It is seen from the copy of the parent’s citizenship that both the parents acquired citizenship through decent. the applicant seems to have submitted all the documents needed for obtaining citizenship by descent, along with the application, pursuant to Sections 3 and 8 of Nepal Citizenship Act, 2063 and Rule 3 of Citizenship Rule, 2063. It neither seems legal nor wise to deem otherwise to these evidences submitted along with the application by the applicant, stating that citizenship certificate should be granted by descent. For the sake of doing any work as per prevailing law, when conditions prescribed by law have been fulfilled and rule is attained by the office bearer or the body to whom legal duty and responsibility has been assigned for the sake of doing such work, it does not appear just and legal to refuse or delay to do such work by making any other pretensions. 200 34 072-CI0718 (14th May, 2018) Lucky Sharma VS District Admin. Office, Makwanpur I obtained the citizenship of from the opponent, District Administration Office, Makawanpur by submitting necessary documents, including the citizenship of the mother, Indu Kumari Thapa as per the Citizenship Act and Rule; but, the Section Clerk of the Mandamus order should be issued on the names of the opponents to return the genuine citizenship obtained by him; whereas, there were the affidavits of including the opponent District Administration Office, including that evidence and Nepali citizenship certificate revealing the birthplace and date of birth of the petitioner’s father did not seem to have been submitted; hence, the Nepali citizenship certificate provided for the petitioner by descent was cancelled 206

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