KATEPOGU DANAMAIAH Vs. CHAIRMAN, MANDAL LEGAL SERVICE

JUDGEMENT

(1.) The present writ petition is filed, to declare the orders passed on 9/3/2022 by respondent no.1 is against (a) Sec. 12(a) or Sec. 12(h) of the Legal Services Authorities Act 1987; (b) the ruling of Hon'ble Supreme Court in Manoharan vs. Sivaranjan and others in Civil Appeal No.10581 of 2013, arising out of SLP(C) No.23918 of 2012, dtd. 25/11/2013 and (c) Article 39-A of the Constitution of India and consequently to direct the respondent no.1 to grant Court Fee exemption certificate payable on the plaint, to the petitioner.

(2.) The facts, which lead to filing of the writ petition, are as under:-

(3.) Sri Budige Rangaswamy, learned counsel for the petitioner took us through Sec. 12 of the Legal Services Authorities Act, 1987 [for short, "the Act"], to contend that exemption in payment of Court Fee has to be given, if the plaintiff is a person belonging to a member of Scheduled Caste or Scheduled Tribe. He also relies upon a judgment in Manoharan vs. Sivaranjan and others, 2014 SAR (Civil) 22 in support of his plea.