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IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 19402 of 2018

(Through hybrid mode)

Golak Chandra Das

&.

Petitioner

Mr. P.K. Lenka, Advocate

-versus-

State of Orissa & others

&.

Opposite Parties

Mr. P.C. Panda,

Addl. Govt. Advocate

CORAM: JUSTICE ARINDAM SINHA

Order No.

ORDER

29.10.2021

06.

1.

Mr. Lenka, learned advocate appears on behalf of

petitioner, who seeks legal aid in propounding a will for grant

of probate. Court fees payable is Rs.1,11,284/-, for which his

client seeks legal aid. He draws attention to impugned

communication dated 24^th September, 2018, whereby his client

was told, members of the committee unanimously resolved that

the petition is not tenable in the eye of law.

2.

He refers to clause-22 in Orissa State Legal Aid and

Advice Scheme, 1981 to submit, legal aid includes, inter alia,

payment of Court fees. He refers to the additional affidavit of

his client disclosing notification dated 3^rd May, 2017, being

Orissa State Legal Services Authority (Amendment) Rules,

2017. Thereby, there was amendment of, inter alia, rule-16 in

Orissa State Legal Services Authority Rules, 1996 to exempt

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senior citizens from application against them of sub-section (1)

in the section. He seeks interference.

3.

Mr. Panda, learned advocate appears on behalf of

opposite parties and draws attention to his client9s counter. He

demonstrates that his client pleaded that petitioner is pension

holder and as such, impugned order was passed invoking clause

(e) in sub-regulation (4) of section 18, in Orissa State Legal

Services Authority Regulations, 1996. The regulations of 1996

also say that legal aid includes payment of Court fees. The

clause invoked for rejecting the petition that it may be rejected

having regard to all the circumstances of the case, to make it

otherwise not reasonable to allow or grant legal aid.

4.

For adjudication of the petition, it is necessary to look

at the Scheme, which was approved by the Government and

published for general information. Clause 16 provides for

eligibility for legal aid and advice. Clause 20 says, subject to

provisions of clauses 19 and 23 and sub-clause (5) of clause 25,

the committee shall give legal advice as also legal aid in all

proceedings in any Court. Clause 23 provides for where legal

aid shall not be given. Said clause does not include

application/petition for grant of probate.

5.

There being no bar under the scheme for petitioner to

get legal aid, the amendment to rule 16 of the 1996 entitle

petitioner to get aid as he is admittedly a senior citizen. Court is

satisfied that the committee acted illegally. Impugned order is

set aside. Petitioner is entitled and is to be given legal aid in

terms of his prayer made to the committee, i.e., payment of

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Court fees at Rs.1,11,284/-. The disbursement be made

forthwith to enable petitioner to prosecute his probate case.

6.

The writ petition is disposed of.

(Arindam Sinha)

Judge

RKS