ORDER :

(M. Ganga Rao, J.)

1. This writ petition is filed for issuance of writ of mandamus to the 2nd respondent Chairman cum II Additional District Judge, Mandal Legal Services Committee, Amalapuram to grant permission to the petitioner to sue as indigent person by exempting the Court fee for filing suit for damages, by setting aside the order passed in LCA.No.2 of 2022 by the 2nd respondent against the provisions of Sections 12 and 13 of the Legal Services Authority Act, 1987 and the rules made thereunder.

2. The petitioner Sri Ganisetti Venkata Rajendra Prasad filed this writ petition by way of Party in Person, who is enrolled as an Advocate and dealing with his own cases. He states that he was a partner of ‘Prasad Rice Mill’ in Ganti Pedapudi village, P.Gannavaram Mandal, East Godavari District, which is within the jurisdiction of II Additional District Judge, Amalapuram. He was cheated by the other partners by forging his signatures showing that he was retired from the firm in the year 1992 and all his investment in the firm was withdrawn by them showing false withdrawals from the account in the firm. He filed a suit in O.P.No.47 of 1994 for dissolution of the firm and rendition of accounts of the firm before the Subordinate Court Judge, Razole and he was permitted to sue as indigent person and the said suit was registered and transferred to Senior Civil Judge Court, Kothapeta and numbered as O.S.No.40 of 2001 and the said suit was dismissed. He preferred appeal in A.S.No.701 of 2011 before this Court against the judgment and decree passed in O.S.No.40 of 2001 and the same is pending before this Court. While things stood thus, he came to know that other partners also forged his signatures and filed Form-V before the Registrar of Firms stating that he retired from the firm and because of forgery of signatures, he is being deprived from enjoying his share in the firm for 30 years. He is leading sorrowful life and depending on others for his maintenance. Even though he is suffering with kidney problem, he is not taking any treatment and is suffering from Gouty rheumatism by taking steroids. He got his Law degree at the age of 52 years with limited his practice to look after his own cases and he is having little practice. His partners in the Rice Mill are getting Rs.10 lakhs per year and they are distributing the same. Now, he filed suit for damages for depriving him his right of enjoying his share in the rice mill properties and loss of durable life because of the cheating and forgery committed by the other partners.

3. The petitioner having decided to file suit for damages against the other partners of firm ‘Prasad Rice Mill’ as indigent person, approached the Chairman cum II Additional District Judge, Mandal Legal Services Committee, Amalapuram by filing application for grant of exemption of payment of Court Fees and the same was rejected vide LAC.No.2 of 2022 dated 08.03.2022 referring to the decisions of this Court in Navya Infracon Projects Vs. State of Andhra Pradesh and others and Kopparthi Krishna Murthy Vs. District Legal Services Authority, West Godavari, Eluru. The authority also referred to Circular bearing Roc.No.5772/APSLSA/LSW/2010 dated 21.8.210 and G.O.Ms.No.73 dated 19.6.2007 and states that the rejection of grant of exemption is illegal, arbitrary and contrary to the provisions of Legal Services Authority Act, 1987 and the rules made thereunder.

4. It is apposite to refer to the relevant provisions of Legal Services Authority Act which entitles a person providing legal aid. The provisions of Section 12 (h) of the Legal Services Authority Act reads thus:

“(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.”

Section 13