Sikkim High Court
WP(C)/9/2017 of Nar Bahadur Khatiwada & Anr. Vs Panchayat Upper Bhaluthang and Ors on 9 March 2017
Nar Bdr. Khatiwada & Anr. vs. Panchayat Upper Bhaluthang & Ors. BEFORE MR. JUSTICE SATISH K. AGNIHOTRI, CJ. 01. 09.03.17 Present: Mr. B. Sharma, Sr. Advocate with Mr. Bhola N. Sharma and Mr. Sajal Sharma, Advocates for the Petitioners. Mr. J.B. Pradhan, Addl. Advocate General with Mr.
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W.P.(C) No. 09/2017
Nar Bdr. Khatiwada & Anr. vs. Panchayat Upper Bhaluthang & Ors.
BEFORE
MR. JUSTICE SATISH K. AGNIHOTRI, CJ.
01. 09.03.17 Present: Mr. B. Sharma, Sr. Advocate with Mr. Bhola N. Sharma and Mr. Sajal Sharma, Advocates for the Petitioners.
Mr. J.B. Pradhan, Addl. Advocate General with Mr. Santosh K. Chettri and Ms. Pollin Rai, Assistant Government Advocates for State-Respondents.
…
With the consent of learned counsel appearing for the parties, the matter is taken up.
2. The instant petition is filed seeking a direction to the authorities to grant income certificate as well as a direction to the Sikkim State Legal Services Authority (SSLSA) to extend legal aid for want of income certificate. Learned Senior counsel appearing for the petitioner submits that despite best efforts made by the petitioner before the Panchayat as well as District Administration, he could not obtain income certificate. It is further brought to my notice that the learned Civil Judge, West at Gyalshing had clearly directed in its order dated 23.06.2015 to the District Magistrate, West District to look into the grievance of the petitioner as the Panchayats are causing harassment by not providing the certificate. Despite the clear direction, no income certificate has been issued till date.
3. Mr. Karma Wangchuk Bhutia, Member Secretary, SSLSA is present in Court and submits that a person is entitled to legal services under Section 13 of the Legal Services Authorities Act, 1987, on the basis of an affidavit made by him as to his income.
4. Learned Additional Advocate General submits that the District Magistrate, West District may be directed to look into the issue involved in the case and in the same time a direction may be issued to the SSLSA to consider granting legal aid to him.
5. Having examined all aspects of the matter, particularly when there is a provision to consider an affidavit made by a person to enable him to obtain legal aid, I am inclined to direct the SSLSA to examine the affidavit to be filed by the petitioner, without the income certificate and take necessary steps if the petitioner falls within the limit, he will be granted legal aid forthwith.
6. In the meantime, the District Magistrate, West District is also directed to look into the problems of the petitioner and issue an appropriate certificate.
7. With the aforestated observations and directions, the writ petition is disposed of.
8. A copy of this order may be transmitted to the learned Additional Advocate General as well as the Member Secretary, SSLSA, for further action.
Sd/- Chief Justice 09.03.2017