petitioner, was or is a Nepalese citizen; hence, it
was said that recommendation could not be made
for the sake of Nepalese citizenship by descent. In
the writ petition, though the opponent mentioned
that all the documents connected to him were also
burnt down after the death of their father as per
their custom and tradition, the matter of burning
down the documents in that way is unconvincing;
if burnt down, in the record of which office were the
aforementioned documents, without mentioning
relating to whether or not the replica copies could
have been obtained, the condition is that they
entered without clean intention. The secretary of
village development committee has not behaved so
as to humiliate the opponents; instead, the persons
including the opponent, who were brought by her,
had threatened the secretary and staff of village
development committee, vilifying. The writ petition,
which has been filed to trouble the secretary of
village development committee, putting on false
accusation, should be revoked. Affidavit furnished
on behalf of the previously Kitani and present
Godawari Village Development Committee, reads
as above.
hence, writ should be revoked. On the ground of
documents evidence attached to the document file,
including the pleadings made by the learned legal
professionals, it seems that, in the writ petition,
decision is supposed to be made regarding whether
or not the order is supposed to be issued as per
claim.
Upon considering towards the decision, main writ
petition claim is found to have been that after
the death of father, his all documents were burnt
down as per their custom and tradition; hence,
when tried to get recommendation from village
development committee, they were refused;
district administration office also refused to confer;
but, their constitutional and legal right to obtain
citizenship by mother’s name has been ensured by
the Interim Constitution of Nepal, 2063 and Nepal
Citizenship Act and Rule; hence, mandamus order
should be issued to confer recommendation to
obtain citizenship by mother’s name and to confer
the citizenship as well. Description of affidavit of the
opponent, village development committee, appears
to state that no substantial evidence was submitted
stating that the petitioners’ father was or is a Nepalese
citizen; hence, recommendation was not given for
the sake of the Nepalese citizenship certificate, and
of the opponent District Administration Office that
application was not submitted congruent to rule
stating to obtain citizenship.
In this, attaching the documents together with the
decisions on certiorari mandamus writ petition
having such content involved, having the petitioner
including Bhola Nagarkoti and opponent including
District Administration Office, Kathmandu, decided
on date 2070/12/10 (March 24, 2014 A.D.), and
in certiorari mandamus writ petition, having the
petitioner Bijay Basnet and the opponent District
Administration Office, Lalitpur, decided on date
2071/12/30 (April 13, 2015 A.D.), submit the as per
rule. Order of this Court, of the date of 2072/1/9
(April 22, 2015 A.D.), reads as above.
In this, writ petitioners Diwakar Chhteri and
Prabhakar Chhetri seem to have been the sons of
father Rudal Chhetri and mother Sushma Cheetri.
Upon minutely looking into the documents
evidence furnished by them along with the petition,
it appears that writ petitioners’ father Rudal Chhetri
died on date 2036/8/26 (December 12, 1979 A.D.)
and after that his wife writ petitioners’ mother
Sushma Rai married Yogendra Rai on date 2042/5/23
(September 8, 1985 A.D.). Upon looking into the
replica copy obtained on date 2033/4/3 (July 18,
1976 A.D.) by this Sushma Rai, she is found to
have obtained from District Administration Office,
Lalitpur by descent. Citizenship if an important
certificate issued by the state for the sake of identity
of its citizens. Citizenship is a matter connected
to the nationality of a person; hence, the state
prepares the grounds for obtaining citizenship by
formulating constitution and law. A person does
not automatically become a citizen of the country
where he/she resides or is involved in employment,
occupation, business. Being under the policy of
the state, law prepares the particular grounds and
processes to obtain citizenship. The citizenship
certificate is issued to the persons who fulfill such
grounds and processes. According to Article 8 (2)
(B) of the then prevailing Interim Constitution of
Nepal, 2063, it is found that there is the provision
Document file of the present case that was
submitted upon being inducted in the weekly and
daily cause lists of the case as per rule was studied.
Learned advocated duo Ms. Mira Dhungana and Ms.
Sushma Gautam present on behalf of the petitioners
presented the pleading stating that Sushma Rai, the
petitioners’ mother, is a citizen of Nepal by descent;
the petitioners have the right to obtain citizenship
of Nepal on the ground of the Interim Constitution
of Nepal, 2063, Nepal Citizenship Act, 2063 and
various international covenants in which Nepal is
a party country; hence, the writ should be issued.
Learned deputy attorney Mr. Bal Krishna Wagle
present on behalf of the opponent including the
District Administration Office, Lalitpur presented
the pleading stating that the petitioners have not
been reached up to the authoritative body for
the sake of citizenship certificate; hence, it is not
right to say that citizenship was refused to confer.
After investigating, authoritative body decides
whether one can or cannot obtain citizenship;
117
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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