S.
No.
Writ No.
Decision/
Order Date,
Publication
No.
Name of
Plaintiff and
Defendant
Case Details
Summary of the decision
Page
No.
that father cannot be identified. By giving the
information of the present order to the opponents
through the Office of the Attorney General,
submit the document file upon doing as per law
by striking off the record of case file.
11
070WO0082
13th April,
2015
Yasu Maya
Budhathoki
Basnet VS
Government
of Nepal
As per clear provisions
made in Article 8 (2) (B) of
the Interim Constitution
of Nepal, 2063, Clause 3 (1)
of the Nepali Citizenship
Act, 2063, Rule 3 (1) of
Citizenship Rule, 1.2 of (2)
of Chapter 2 of Citizenship
Certificate Distribution
Procedure Directives that
mother can grant identity by
providing citizenship to her
children, order or command
including the mandamus
order, whichever is needed,
should be issued on the
name Lalitpur Submetropolitan City, Ward
No. 13, of the opponents, to
provide recommendation to
obtain citizenship certificate
and on the name of Lalitpur
District Administration
Office to provide citizenship
to my son by descent, by
mother’s name.
It is seen that the petitioner Bijay Basnet can
obtain citizenship of Nepal by descent through
the name of his mother, Yashu Maya Budhathoki,
from the address Lalitpur district, Lalitpur Submetropolitan City, Ward No. 13; it is decided that
this mandamus order shall be issued on the name
of the opponents, to provide or get the citizenship
certificate of Nepal by descent provided to the
petitioner by fulfilling the rule and process of law.
76
12
070-WS0016
N.K.P. 2072,
Part 57, No.
9, Decision
No. 1459, Pg.
1539, 18th
April, 2016
Amrit Kumar
sharma VS
Government
of Nepal
Sub-rule (6) of Nepal
Citizenship Rule, 2063 and
Point No. (7) of Citizenship
Certificate Distribution
Directives, 2063 have been
inconsistent with including
Sub-article (2) (3) of Article
8, Article 10, Sub-article 12,
Sub-articles (1) of Article
12, Sub-articles (1), (2), (3)
of Article 13, Sub-article
(1) Article 22 of the Interim
Constitution of Nepal, 2063
and Sub-clause (3) of Clause
3 of Nepal Citizenship
Act, 2063, hence, should
be declared invalid and
void to the extent of that
inconsistency as per
Sub- article (1) of Article
107 of the Constitution,
and in the situation of the
identification made by
Prajapati Sharma (Timsina)
by attaching his citizenship
as per law, Mandamus order
should be issued on the
names of the opponents,
the Home Ministry and the
District Administration
The decision made on the date of 2070/4/9 by
District Administration Office, Kathmandu,
by refusing the provision as per Sub-clause (3)
of Clause 3 of Nepal Citizenship Act, 2063 and
Sub-article (6) of Article 8 of the Constitution,
avoiding the demand of the petitioner, is not
seen to have been based on the Constitution and
law. Therefore, it is decided that Sub-rule (6) of
Rule 3 of Nepal Citizenship Rule, 2063 and Point
No. 10 (7) of Citizenship Certificate Distribution
Directives, 2063 are not seen to have been
inconsistent with the Sub-article (3) of Article
8, Articles 13, 22 of the Interim Constitution of
Nepal, 2063 as well as with Sub-clause (3) of
Clause 3 of Nepal Citizenship Act, 2063; hence,
the writ petition shall be quashed up to that
inconsistency. Constitutional and legal provision
are seen to have been made in Sub-article (30
of Article 8 of the Constitution and Sub-clause
(3) of Clause 3 of Nepal Citizenship Act, 2063,
stating that the person found within the borders
of Nepal, having paternity maternity not known,
shall obtain the citizenship on the basis of
descent; hence, the decision made by District
Administration Office, Kathmandu, on the date of
2070/4/9 (July 24, 2013 A.D.), and the functions
and actions connected with that have been
revoked with the Certiorari Order as per Subarticle (2) of Article 107 of the Constitution.
84
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