An anonymous person putting Paudel as surname
has applied a complaint stating that Bijay Kuma Shah
(younger brother of Ashok Kumar Shah), a resident
of Makwanpur District, Hetauda Municipality, Ward
No. 10, has obtained citizenship by committing
forgery; hence, action should be taken. Pertaining
to the same, the information of action has been
demanded by Commission for Investigation of
Abuse of Authority as well.
mine has been by birth. My maternal uncle’s
home lies in India. Must be closer to father and
grandfathers. Statement deed made by Ashok
Kumar, the elder brother of Bijay Kumar, reads as
above.
I know Bijay Kumar, son of Jay Narayan Shah, a
resident of Hetauda Municipality, Ward No. 10,
T.C.N. Road, as an inhabitant of the town. While
making recommendation for the citizenship of
Bijay Kumar, in order to confer the citizenship
certificate recommended on the basis of his father’s
death registration certificate in Schedule 1, the
citizenship certificate obtained from Narayani Zonal
Commissioner’s Office, Birgunj, by the elder brother,
Ashok Kumar Kalawar, minor registration made on
date 2035/9/11 (December 26, 1978 A.D.) in the
then Citizenship Team and the recommendation
of the Ward Chairperson, though it had to be
conferred after justifying whether or not he was
qualified to obtain the citizenship certificate after
the investigation was held pertaining to that by
authorized body, the issue that where, in which
place what kind of statement was given is not
informed after the citizenship was conferred.
Affidavit of Hari Bahadur Mahat, Deputy- Chief of
Hetauda Municipality, who has recommended on
the Schedule, reads as above.
Late Jay Narayan Shah was an Indian. After an
anonymous person putting Paudel as Surname
furnished the application complaint to get the
citizenship of Bijay Kumar Shah, who had got
the citizenship of descent, investigated, while
enhancing the action after investigating from
District Administration Office, Makwanpur through
this Office, writing the description that even the
citizenship certificate of Ashok Kumar Shah, the
elder brother of this Bijay Kumar Shah as well, shall
have to be cancelled, the action has been furthered
later on.
My ancestral home is in the place called Jaleshwar
of Janakpur Zone. Having come to Hetauda in 2008
(1951/52 A.D.) or in 2010 B.S. (1953/54 A.D.), my
father stayed by running contract of tavern. My
birth took place in Hetauda in 2024 B.S. (1967 A.D.);
I know the things before that as far as my parents
have narrated. The parental home of the mother lies
in India. The father had not obtained the citizenship
of Nepal. Citizenship was not needed then. Later,
when citizenship was necessary to obtain elderly
allowance, the father died on 2052/9/1 (December
16, 1995 A.D.), while trying to obtain citizenship. The
elder brother, Ashok Kumar, got the citizenship by
birth on 2024/8/8 (November 24, 1967 A.D.) from
Narayani Zonal Commissioner’s Office; the Team
indicated my name as a minor in the citizenship of
the elder brother, and I have obtained the citizenship
on the basis of the father’s death certificate; hence,
there was no deal of cash to obtain the citizenship.
Statement deed made by Bijay Kumar Shah caught
in the complaint reads as above.
After sitting on the post such as the Chief of
Municipality, it is natural to have information of the
inhabitants of the town. I know this Bijay Kumar.
After being recommended by the Deputy-Chief on
the Schedule, I identified so that there would not
be obstruction in the welfare of the inhabitants of
the town. Affidavit of Dor Mani Paudel, the Chief of
Hetauda Municipality, who has recommended on
the Schedule, reads as above.
Due to the situation that there was no status
of Nepalese citizenship before the death of the
father of Ashok Kumar, the situation that nonNepalese citizen was mentioned by the letter of
District Administration Office, Makwanpur, the
situation that the citizenship certificate by birth
submitted by this Ashok Kumar has appeared to be
impractical and untrustworthy, and the situation of
oral differences of both the brothers on the issue of
the migration and birthplace of the father as well,
this Ashok Kumar is decided to have been a foreign
citizen. By cancelling the Nepalese citizenship
certificate of Ashok Kumar Shah, issued by Narayani
Zonal Commissioner’s Office, Birgunj as per
Clause 10 (3 A) of Nepal Citizenship Act, 2020, with
citizenship No. (not disclosed) and address written
as Dist. Makwanpur, Hetauda Municipality, Ward
No. 10, he is decided to have been omitted from the
Nepalese citizenship and the immovable property
to be done as per law. Moreover, Ashok Kumar Shah
and those including the parties concerned who
The house of the father and grandfather lies in
the Bihar State of India. Presently, the village is
not known. The father had come and stayed in
Hetauda since about 2005 B.S. (1948/49 A.D.). The
births of mine and younger brother, Bijay, took
place in Hetauda, Chisapani, and later shifted from
Chisapani and came to Hetauda Municipality 10. I
do not know what documents were submitted by
the younger brother to obtain the citizenship. I have
not even identified, either. When I was two years old,
the father got a citizenship by birth made from the
Narayani Zonal Commissioner’s Office. The father
did not have Nepalese citizenship certificate. If the
father had had Nepalese citizenship certificate, I
would have had the citizenship by descent. Hence,
23
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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