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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