At, High Court of Judicature at Calcutta
By, THE HONOURABLE MR. JUSTICE JOYMALYA BAGCHI
For the Petitioner: Ashish Kumar Bhattacharyya, Mrs. Pratima Mishra, Advocates. For the Respondents: Sailaja Nanda Bhattacharya, Amritlal Chatterjee, Advocates.
Joymalya Bagchi, J.
The writ petitioner has taken out the instant application under Article 226 of the Constitution of India primarily praying for a writ of mandamus upon the District Legal Services Authority under the Legal Services Authorities Act, 1987 for rendering him legal assistance under the Act in respect of the complaint and/or litigation instituted by him in the District of Jalpaiguri.
I have heard the learned lawyer appearing for the petitioner who submits that in spite of the fact that his client has been advanced such relief under the Legal Services Authorities Act, 1987 before this Court, he has been denied same relief by the District Legal Services Authority under the Legal Services Authority Act, 1987 in respect of litigations pending at Jalpaiguri.
The learned counsel for the State submits that there is no failure on the part of the appropriate authority in extending the legal assistance to the petitioner under the said Act. He, however, clarifies that in the event the petitioner is entitled to such assistance, the authority would promptly provide such assistance under the aforesaid Act. Having considered the submissions of the parties, I feel that the instant writ petition may be disposed of without calling upon the respondents to file affidavits.
It appears that the writ petitioner has been provided legal assistance under the Legal Services Authorities Act, 1987 in prosecuting his litigation before this Court.
The provisions of the Legal Services Authorities Act, 1987 has been enacted in order to provide legal assistance to litigant who falls under the categories as provided under the aforesaid Act. I, therefore, direct the Chairman of the District Legal Services Authority, Jalpaiguri to consider the prayer of the writ petitioner and provide him with legal assistance under the said Act, in the event, he is entitled to such relief.
With the af
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oresaid direction, the writ petition is disposed of. As the respondents have not been called upon to file any affidavit the allegations contained in this writ petition shall not be deemed to have been admitted by them.