petitioner, Bijay Basnet, is Okhaldhuga district, Ajapu Village Development Committee, Ward No. 3. If the petitioners furnished application from the district having their permanent address for the sake of obtaining citizenship, condition still existed for him to obtain citizenship; hence, it is not right to say otherwise to the act of the such irrelevant region which has refused to be provided with citizenship certificate when the application is furnished requesting to get citizenship certificate from the irrelevant region. Writ petition should be revoked. Whereas, learned advocate, Mr. Lok Chandra Paudel, pleaded on behalf of the opponent, Lalitpur Sub-metropolitan City, stating that the permanent address of the petitioners is not seen to have been or remained in Lalitpur Sub-metropolitan City, Ward No. 13, and Nepal Citizenship Act and Rule have made the provision that every Nepalese shall have to obtain his/her citizenship from the region having his/her permanent residence; hence, Ward Office cannot recommend in connection to the person who does not have permanent residence in its area; hence, only an oral information has been given to the petitioner that recommendation shall not be given as per his petition claim; hence, it is not right to issue order on the name of the body having no jurisdiction as per petition claim. order that without father, citizenship could not be given to the son and that descent meant father. The son, Bijay, wished to get Nepalese citizenship by mother’s name, and condition exists by the Interim Constitution of Nepal and Citizenship Act and Rule that citizenship could be obtained by mother’s name, but the act meted out by the opponents so as to prevent Bijay Basnet from acquiring the citizenship opposite to the aforementioned act and law was illegal are seen to have been against the other treaties and agreements including Universal Declaration on Human Rights that Nepal had accepted; hence, it was requested from the present writ jurisdiction to get the rights of the petitioner conferred by the Constitution prevailed. Hence, order should be issued on the name of the opponent Ward Office to provide the petitioner, Bijay Basnet, with recommendation for the sake of obtaining citizenship by mother’s name and on the name of District Administration Office, Lalitpur, to provide citizenship as per that, affidavits of the opponents, including Lalitpur Municipality, are seen to have been submitted with the description that there was no confusion in distributing citizenship of Nepal to the petitioner by descent as per the provisions of Interim Constitution of Nepal, 2063, Nepal Citizenship Act, 2063 and Nepal Citizenship Rule, 2063, but process prescribed to obtain citizenship would have to be adopted as per the aforementioned law and directives; though there was the condition that citizenship could be obtained from the district where the petitioner had permanent residence, the permanent address of the petitioner’s parents was seen to have been Okhaldhunga, but not under the Lalitpur district; in this condition, his recommendation could not be done from Lalitpur Municipality, Ward No. 13. Upon hearing the pleadings made by the aforementioned learned legal professionals of for and against, while seeing by studying the document file along with writ petition, in this, it appears that decision is supposed to be made regarding whether the order as per the petition claim is supposed to be issued or not. Upon considering towards the decision, in the present writ petition that has come to be filed with the description that upon having love marriage of Yashu Maya Budhathoki Basnet, of the petitioners, with Jogendra Banset, a son, Bijay Basnet, was born, at home located at Lalitpur Sub-metropolitan City, Ward No. 13, from their conjugal relationship, on date 2049/10/1 ( January 14, 1993 A.D.); the husband went out of the valley after the birth of the son and has not returned yet; for the studies of higher secondary level of the son, Bijay, citizenship certificate was needed presently; hence, after filling up the Schedule form No. 1, when they went to the Office of Ward No. 13 of Lalitpur Sub-metropolitan City on date 2069/9/10 (December 25, 2012 A.D.) as recommendation of local body was necessary to make citizenship certificate, they were refused orally, saying that recommendation could not provided; hence, when they went to District Administration Office on date 2069/9/10 (December 25, 2012 A.D.), along with the Schedule form, birth registration, school mark sheet, certificate, they were returned without registering the application, giving oral In this, from the replica copies, it is seen that application was submitted to local Lalitpur Submetropolitan City No. 13 Ward Office for the sake of obtaining Nepalese citizenship certificate by filling up Schedule form-1 along with the replica copies of birth registration certificate, character certificate of the petitioner, Bijay Basnet and the replica copy of the citizenship certificate of the mother, Yashu Maya Budhathoki Basnet. Regarding the acquiring the Nepalese citizenship, in Article 8 (2) of the Interim Constitution of Nepal, 2063, mentioning as “the following person who has his/her permanent domicile in Nepal at the time of commencement of this Constitution shall be the citizen of Nepal by descent” in Article 8 (2) (B) of the same stating as “a person whose father or mother was a citizen of Nepal at his/her birth”, there is constitutional guarantee of the acquisition of Nepalese citizenship by descent. Likewise, as stated by Clause 3 (1) of Nepal Citizenship Act, 2063 “ if a person’s father 81 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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