S.
No.
32
Writ No.
073WO01362
Decision/
Order Date,
Publication
No.
8th February,
2018
Name of
Plaintiff and
Defendant
Neha Das VS
Government
of Nepal
Case Details
Summary of the decision
citizen of Nepal at the
time of birth, such person
shall be held Nepali citizen
by descent. As the law
provides right to select
from whose name the
citizenship shall be taken
to the person receiving
citizenship I Karan Bhusan
Shakya shall be provided
citizenship in the name
of my mother petitioner
Bhani Maiya Shakya as
descent removing the name
of my grandfather in the
academic qualification
certificates of I, petitioner
Karan Bhusan Shakya on
the column of father’s name
and maintaining the name
of Bhani Maiya Shakya, the
petitioner and mandamus
order shall be issued to the
opponent to do cause to do
the same.
Shakya and induct the name of the mother the
writ petitioner Bhani Maiya Shakya.
We petitioners, our father
Nanda Das obtained
his citizenship by birth
and our mother Padam
Maya Sunuwar obtained
citizenship by decent. As
we have matured the age
to qualify for citizenship,
we were returned with
rejection saying that prior to
obtainment of citizenship
certificate by our father we,
the petitioners have been
born and the citizenship
of father has not been on
the basis of descent but on
the basis of birth so that
we the petitioner could
not acquire citizenship
on the basis of descent.
Therefore, the rejection
order dated 2074/03/06
(20 June, 2017) of the
District Administration
Office, Kathmandu over the
petition under Schedule-1
of ourselves with the entire
documents from the District
Administration office shall
be declared void by the
order of certiorari and let
the order of mandamus
be issued to the opponent
Home Ministry and District
Administration Office,
Kathmandu so that we the
petitioners shall be provided
with the descent citizenship.
In addition, the mandamus
In case the father and mother both, of the
petitioner have acquired the citizenship of Nepal
prior to the commencement of this constitution
and despite the fact of being such citizenship to
be based on birth the offspring of the citizen as
such have been entitled for the obtainment of
Nepali citizenship on the basis of descent, the
constitution has clearly made provision as such.
Both the father and mother of the petitioners
have obtained the Nepali citizenship certificate
prior to the commencement of the constitution
of Nepal. it could not be termed otherwise that
these petitioners have been entitled to acquire
Nepali citizenship certificate on the basis of
descent.
Page
No.
195
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