S.
No.
Writ No.
Decision/
Order Date,
Publication
No.
Name of
Plaintiff and
Defendant
Case Details
Summary of the decision
Page
No.
29
069WO1041
4th June, 2017
Sun Kumari
Magar
Tamang
VS Office
of Prime
Minister and
Council of
Ministers
The Articles 8(2)(b), 12(1),
13(1)(2)(3) and 20(1)(3) of
the Interim Constitution of
Nepal, 2007; Section 3(1)
of the Nepal Citizenship
Act, 2007; and Clause 2(4)
(5) of the Guidelines on the
Distribution of Citizenship,
2007 have been flouted
leading to an infringement
as to the enjoyment of my
constitutional rights. Hence,
pursuant to the above
constitutional and statutory
provisions and the court
decision, I hereby pray to
the Court for issuing an
order of mandamus and any
other relevant order in the
name of respondents as per
Article 107(2) of the Interim
Constitution of Nepal, 2007
instructing them to provide
me - the writ petitioner Sun
Kumari Magar Tamang with the recommendation
as well
The petitioner seems to have filed an application
at the Office of Ward No. 1 of Dhankuta
Municipality, seeking recommendation for the
purpose of obtaining citizenship certificate. As
such, that Municipality called an inquiry on
15.11.2011 at the presence of local individuals
which yielded a report. In the answer no. 5 of
that inquiry report, the persons in witnesses
have written down that the petitioner has not
yet gained a citizenship certificate. Though the
inquiry report states that recommendation for
citizenship to the petitioner by establishing
respondent Ongud Tamang as her husband could
not be given; the court verdict that already held
her as the spouse of respondent Ongud Tamang,
is not yet proved otherwise. Thus, it may lead
to a situation whereby the petitioner will be
deprived of obtaining her partition share in the
lack of citizenship and the execution of court
verdict will also become challenging. Considering
these circumstances, as the inquiry report made
on 15.11.2011 by the Office of Ward No. 1 of
Dhankuta Municipality amounts to a breach of
right of the petitioner to acquire citizenship and
property, the action and inquiry report dated
15.11.2011 is hereby annulled.
Now, an order of mandamus is hereby issued in
the name of respondents, pursuant to Article
107(2) of the Interim Constitution of Nepal,
2007 and Article 133(2)(3) of the Constitution of
Nepal instructing them to grant the petitioner
citizenship certificate by establishing her as the
wife of respondent Ongud Tamang, in following
the spirit of verdict in the partition case, if she
applies before the District Administration Office,
Dhankuta by enclosing the copy of verdict of that
case.
181
30
073WO1115
21st August,
2017
Sarthak
Raut VS
Government
of Nepal
I, the petitioner Sarthak
Raut, was born on date
2051/10/21 (February 4,
1995 A.D.) on behalf of
my parents, Krishna Raut
(C.C.No. 35026/1318, D.A.O.,
Chitwan), permanent
resident in Chitwan
district, Mangalpur V.D.C.,
Ward No. 1 upon being
born in Udaypur district
and Samundra Pariyar,
resident of Chitwan district,
Mangalpur V.D.C., Ward
No. 1. Since I attained
maturity, application
was furnished on date
2073/10/4 (January 17,
2017 A.D.) to get citizenship
by descent provided, the
Ward concerned endorsed
with rejection stating that
recommendation could not
be provided for the sake of
citizenship certificate as
there were grounds of the
father’s C.C. and birth; and
Both of his father and mother had obtained
citizenship before the commencement of this
Constitution, and even if such citizenship
certificates are by birth, it seems that the
Constitution itself has made clear provision that
the child of such citizens may obtain Nepali
citizenship by descent. The petitioner’s parents
both seem to have obtained citizenship of Nepal
before the commencement of the Constitution
of Nepal. It seems that the petitioner’s father
has obtained citizenship certificate by birth
and mother has obtained citizenship certificate
of Nepal by descent. In the present situation,
it cannot be said otherwise to the matter that
this petitioner must obtain Nepali citizenship
by descent. Due to the provision of Section 3 of
Nepal Citizenship Act, 2063 too, no restriction
seems to have been imposed upon this petitioner
against obtaining Nepali citizenship certificate
by descent. On the ground of constitutional
and legal provisions analyzed above, conditions
appears that the petitioner may obtain Nepali
citizenship by descent. As it is contrary to
procedural norm to cross the Constitution
and law by the decision or circulation of the
Ministry; hence, it seems that the letter of District
Administration Office, Chitwan of the date of
186
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