SANJULATA GOCHHAYAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner.

(2.) Having regard to the nature of prayer seeking for quashing of the order dated 20.05.2011 (Annexure-4) passed by the learned District Legal Services Authority, Cuttack, wherein request of the petitioner being a woman for legal aid for sanction of Rs.11,857.50 for payment of duty payable to obtain the succession certificate to get the death benefits of her husband working in the East Coast Railway. The District Legal Services Authority, Cuttack has rejected the application applying Regulation 15(a) of the Orissa State Legal Services Authority Regulations, 1996 (hereinafter called as "Regulations", in short) and the same has been challenged in this writ petition.

(3.) Mr. Lenka, learned counsel for the petitioner contends that the interpretation given to Regulation 15(a) of the Regulations defeats the object of the constitutional mandate to render equal justice to the people who are in economically disadvantageous position particularly the women being the weaker sections of the society. Therefore, he submits that the impugned order is in contravention to Article 39A of the Constitution