19 Prashant Biswas vs District Administration Office, Sunsari Bhadra 13, 2073 (29th August, 2016) Supreme Court, Division Bench Honorable Judge Dr. Aananda Mohan Bhattarai Honorable Judge Prakashman Singh Raut Order 071-WO-1076 Subject: Mandamus et al Prashant Biswas, a resident of ward No 6 of Dharan Municipality of Sunsari district ...........1 Petitioner Plaintiff Vs. District Administration Office, Sunsari ..........................................................................................1 Defendant Respondent Brief fact and order of the present writ petition that has been submitted by being fallen under the jurisdiction of this Court as per Article 107 (2) of the Interim Constitution of Nepal, 2063 are as follows: 1. (March 27, 2015 A.D.), it was returned on date 2072/3/25 (July 10, 2015 A.D.) without doing anything, orally stating that I could go wherever I had to and that citizenship could not be provided from there; hence, I have been compelled to be deprived of getting higher education, employment and government service and facilities; hence, mandamus order should be issued on the names of the opponents as per Article 8 (1), 8 (2) (B), Articles 12 (1), 13 (1) of the Interim Constitution of Nepal, 2063, Clause 3 of Nepal Citizenship Act, 2063 and including the writ petition decided on by the esteemed Supreme Court regarding (N.L.M. 2068 D.No. 8557 Number 2 P. 247). Writ petition of Prashant Bishwas, of the date of 2072/3/30 (July 15, 2015 A.D.), reads as above. I, petitioner, am the victim of being deprived of Nepalese citizenship. I am the son of Gopal Bishwas, a resident of Sunsari district, Dharan Municipality, Ward No. 6 and Sabitri Shrestha. After my father, Gopal Bishwas, disappeared, when I was 5 years old, without informing the mother; he has not been traced yet. My father has not obtained citizenship certificate at all, and this father does not have any brothers; hence, mother has been staying upon coming to maternal home at Kathmandu district, Kirtipur Municipality, Ward No. 1, and obtained citizenship certificate from District Administration Office, Kathmandu on date 2056/7/16 (November 2, 1999 A.D.). Petitioner’s parents are Nepalese citizens. I, the petitioner, am now 21 years old, and presently require citizenship for the sake of achieving higher education; hence, by fulfilling all the documents and legal process including birth certificate, educational qualification, migration, voter’s identity card of the mother, spot investigation deed and recommendation of local registrar, document was submitted to District Administration Office, Sunsari, by identifying by mother, for the sake of obtaining citizenship by descent on date 2071/12/13 2. Submit the affidavit within 15 days and give first priority, too. Order of this Court, on the names of the opponents, of the date of 2072/3/31 (July 16, 2015 A.D.), reads as above. 3. Writ petitioner, Prashant Bishwas, asked how he could obtain Nepalese citizenship certificate by descent since his father was disappeared and his father did not have any brothers, he was given oral information on behalf of the Office, stating that if application was furnished in the prescribed format by attaching to it the evidence that he was a Nepali based on descent and including evidence of having permanent 124 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION