petitioner has not duly registered the application form, and Interim Constitution of Nepal, 2007 and Nepal Citizenship Act, 2006 have no provision of providing citizenship by descent from the name of husband and therefore, the writ petition should be quashed.’ First of all, to consider about the written response of the District Administration Office Nuwakot that the process was not initiated because the petitioner had not approached to the District Administration Office Nuwakot to submit application, however, from the copy of the letter of District Administration Office Nuwakot dated 2066/10/17(February 3, 2011) written to District Administration Kathmandu and latter’s response in that respect enclosed in the case file it has been found that the petitioner has submitted the application to the District Administration Office Nuwakot. to her without registering it. Therefore, the District Administration Office Nuwakot has not discharged/ fulfilled its duty and responsibility of registering the application and initiating necessary action over it. Going through the documents enclosed in the case file, from the letter of District Administration office, Nuwakot dated 2068/03/09 (June 23, 2011), Ref. No 2092 and the copy of the application, it has been obvious that the application mentioned in the writ petition had been submitted by the petitioner on 2067/12/7 (March 21, 2011). After the petitioner has submitted the application enclosing necessary documents for obtaining citizenship certificate, the District Administration Office Nuwakot has to take necessary decision as per the law over it. Therefore, an order of Mandamus has been hereby issued in the name of District Administration Office Nuwakot to verify and register the application submitted by the petitioner Nina Tamang for obtaining citizenship certificate, following the necessary legal procedure in case she comes to do so and for taking necessary action whatever has to be taken pursuant to Article 8(2) (b) of the Interim Constitution of Nepal 2007 and Nepal Citizenship Act, 2006. The District Administration Office Nuwakot shall be notified about it and the case file shall be handed over as per the rule after writing off the record of this writ. When a person seeking service comes to the office and submits application thereof, it is the responsibility of the concerned government official to take necessary action including the registration of the application. If the application does not fulfill the necessary procedure or does not enclose the necessary document the office also has the power to endorse and return back the application instructing him or her to come after fulfilling necessary procedure and enclosing necessary documents. However, such procedure has not been adopted in regard to the petitioner. From the statement of the petitioner that the application had been returned without registering it and the statement of the written response of the District Administration Office Nuwakot that there is no any record of citizenship of the applicant, it has been obvious that the application of the petitioner had been returned I concur with the above opinion Honorable Justice Bench Officer: Ishwor Parajuli Computer: Mandira Ranabhat Done on Wednesday the 27th day of the month of Poush of the Year 2068 (January 11, 2012) 59 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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