is no base and reason to maintain this Office an opponent; it is not right to issue order on the name of this Office as per the claim. While looking upon the claim of the female-petitioner, though the female-petitioner herself is a Nepalese citizen, it is seen that the children, who are born from her after she has got married to a foreign citizen, are supposed to fulfill three basic conditions as per Subclause (7) of Article 8 of the Interim Constitution of Nepal, 2063. First, that person must have been born in Nepal; second, must be continuously residing in Nepal since getting birth; and third, must justify the convincing base of the matter that he/she has not obtained the citizenship from the father’s country on the basis of his/her father’s citizenship. If the children born from the Nepalese woman who has got married to a foreign man arrive to make demand of the Nepalese citizenship certificates by fulfilling the aforementioned conditions and following the processes and procedures prescribed by of law, citizenships shall have to be conferred by the authorized body or lien on posts upon fulfilling the processes and procedures of the law. The petitioner has not been able to lay claim, stating that she has fulfilled the aforementioned conditions, processes and procedures but the citizenship certificate has been refused to be conferred or has not been conferred by authorized body or lien on posts. In this situation, Mandamus cannot be issued stating to confer the citizenship certificate as per her claim. Hence, from including the aforementioned base and reason, the order as per claim cannot be issued on the name of this Office; hence, the writ petition should be dismissed. 3. to Home Ministry for the sake of decision through the letter of this Office of the date of 2064/11/29 (March 12, 2008 A.D.) and no information pertaining to the action carried out by the Home Ministry is seen to have been received in this Office, and no information about that is seen to have been provided to this Office by the applicant as well; hence, the writ petition against this Office is revocable; it is humbly requested to get it revoked. 5. There are provisions in Sub-clause (2) of Clause 5 of Nepal Citizenship Act, 2063, that in connection to the sons and daughters born from Nepalese citizen woman married with foreign citizen, if he/ she has been permanently residing in Nepal upon being born in Nepal, and if he/she has not obtained the citizenship of a foreign country on the basis of father’s citizenship, he/she can be conferred naturalized citizenship as prescribed, and in Subclause (3) that the person, who wants to obtain the naturalized citizenship as per Sub-clause (2), shall have to furnish application before the official prescribed, including the documents i.e., copy of mother’s Nepalese citizenship, recommendation of the Village Development Committee or Municipality concerned, disclosing the description of residing permanently upon being born in Nepal, proof of not obtaining the citizenship of any foreign country on the basis of father’s citizenship. And, in Rule 7 of Nepal Citizenship Rule, 2063, provision of other procedures has been made for obtaining the naturalized Nepalese citizenship. As per the aforementioned legal provisions, the application submitted by the petitioner is under investigation; hence, only after the investigation, necessary decision shall certainly be made on whether or not to confer the naturalized citizenship to the petitioner; hence, it is not supposed to enter into sensitive scope like writ. Hence, the present writ petition is revocable; it should be revoked. Description of the affidavit presented on behalf of Ministry of Law and Justice : Make decision or get the decision to confer the naturalized citizenship as per the constitution and law of Nepal made immediately is seen to have contained in the opponent’s petition pleading. As per the Government of Nepal, Work Division Rule, 2064, the issue relating to citizenships does not fall under the jurisdiction of this Ministry; hence, the writ petition filed by making this Ministry an opponent without base and reason has been futile, hence, should be revoked. 4. Description of the affidavit presented on behalf of Home Ministry : 6. Pleadings of legal professional on behalf of petitioner and opponent : In the present writ petition that has been submitted by being inducted in the cause lists as per Rule, learned advocates, Mira Dhungana and Susma Gautam, present on behalf of the petitioner, presented the pleadings with making plea that if citizenship has not been obtained from a foreign country on the basis of the father’s citizenship, if the child is residing in Nepal upon being born in Nepal from the matrimonial relationship between the Nepalese citizen woman and foreign citizen man, there is no debate that he/she can obtain Nepalese naturalized citizenship as per the Interim Constitution of Nepal, 2063. Sub-clauses (2) and Description of the affidavit presented on behalf of District Administration Office, Bharatpur, Chitwan : The petitioner, Sita Devi Adhikari, has submitted the application asking for the naturalized citizenship for the sake of the son, Raju Saiyad Mohammad, born from Indian citizen; but the power to confer the aforementioned citizenship vested in Home Ministry; hence, the file as per register along with her application contained with documents was sent 63 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION