S. No. 35 Writ No. 074WO0518 Decision/ Order Date, Publication No. 13th September, 2018 Name of Plaintiff and Defendant Arjun Kumar Shah VS Government of Nepal Case Details Summary of the decision Citizenship Section of the opponent Office called me via phone on the following day, i.e. 5th (March 19), telling me to go taking the citizenship because signature was missing in my citizenship application; I went to the opponents Office on that day taking my citizenship and submitted it but he situation is that he has not returned the citizenship to me. I went to demand the genuine copy of my Nepali citizenship certificate, attaching along with my application the photocopy of the citizenship certificate obtained by me, I furnished the application to the opponent Office mentioning the same description, stating that the stated citizenship certificate, which I received from the opponent Office as per rule, should be returned but the officer of Citizenship Section, was dilly dallying saying that the Chief District Officer was busy in the relief work of earthquake victims. The opponents have refused to provide me with the citizenship of Nepal which I had obtained by fulfilling legitimate process; hence, Mandamus order should be issued to return my genuine Nepali citizenship certificate of my name, which has been seized by the opponents. with the decision of the date of 2071/12/08 (March 22, 2015 A.D.), from the affidavits of the opponents, it seemed that the Nepali citizenship certificate which was said to have been obtained on the basis of descent by the petitioner, Lucky Sharma, and demanded by him was cancelled with the decision of the opponent, District Administration Office, Makawanpur of the date of 2071/12/08 (March 22, 2015 A.D.); hence, it is decided that mandamus order was not supposed to be issued as per petition claim; writ petition should be revoked. There is the condition that, being dissatisfied with that decision, appeal has been filed in this Court on behalf of the petitioner stating that the order of the stated Appellate Court, Hetauda is contrary to the legal and constitutional provisions of Nepal Citizenship Act, 2063, the Interim Constitution of Nepal, 2063, the Constitution of Nepal, 2072 and the precedents propounded by this Court, hence, should be revoked. the document files including the present appeal and the stated writ petition have been simultaneously submitted today for the sake of decision; and, on the stated mandamus with certiorari writ petition of 072WO-0630, by revoking with the certiorari order the decision made by District Administration Office, Makawanpur, Hetauda to cancel the Nepali citizenship certificate obtained by this appealer on the basis of descent, by deeming that mandamus would also be issued on the name of District Administration Office, Makawanpur to issue Nepali citizenship certificate by descent on the name of this petitioner, and upon the issue of the remedy demanded, remedy has been received while making order from this Court today. The Constitution of Nepal, 2072 was promulgated while the case filed by me for the sake of obtaining Nepali Citizenship by descent as per Article 8 (2) of the Interim Constitution of Nepal, 2063 was sub judice in the esteemed Supreme Court; hence, this writ petition has been filed to obtain Nepali citizenship as per Article 11 (7) of the Constitution of Nepal. on the basis of the Constitution of Nepal, prevailing law and the precedents propounded by the esteemed Court, order should be issued as per Article 133 (2), (3) of the Constitution of Nepal. It seems that Mithila Kumari, mother of the petitioner, Arjun Kumar Sah, is a Nepali citizen by descent, and that this petitioner has been permanently residing, studying in Nepal upon being born in Nepal, and from the pleading held stating that he has not obtained citizenship by father’s name either, because his father has not had any citizenship of any country either, it seems that he can obtain Nepali citizenship. In such a situation, it is decided that mandamus order shall be issued on the name of the opponent district Mahottari, Office of Matihani Municipality, Ward No. 8 to provide recommendation by doing as per law if the petitioner makes demand for recommendation for the sake of citizenship certificate, and on the name of the Government of Nepal, Ministry of Home Affairs and District Administration Office, Mahottari to provide him with citizenship certificate by fulfilling the process as per law on the basis of other necessary documents including the stated recommendation. Page No. 210