(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. As the matter is being represented by party-in-person Mr.Bava Baldevgar, as per the amendment made in the Gujarat High Court Rules, 1993 vide notification No.C-2002/93, which has come into effect from 21.12.2012, the matter may be required to be referred to the committee of the two officers of the Registry and subsequently, if necessary, to the Gujarat High Court Legal Services Committee. The Party-in-person states that he is having income from the agriculture land of Rs.15,000/- to Rs.20,000/- per annum and therefore he may be entitled to a free legal aid but ultimately it will be for the High Court Legal Services Committee to examine. Hence, office to refer the matter to the committee of the two officers of the Registry and the matter be placed for hearing, after the needful procedure as per Rule 31-A is complied with.
2. At this stage, learned Advocate Mr.A.G.Vyas appearing for Respondent No.1 states that the petitioner is to be paid Subsistence Allowance and he is having a cheuqe of Rs.88,135/- to be offered to the petitioner, whereas the petitioner states that he would be entitled to full salary and not only Subsistence Allowance. The petitioner has stated that without prejudice to the rights and contentions in the present petition and under protest he is ready to accept the cheque. In our view if the petitioner is permitted to accept the cheque of Rs.88,135/- without prejudice to the rights and contentions of the present petition, no prejudice will be caused to the petitioner. Hence, the cheque of Rs.88,135/- is handed over to the petitioner pursuant to the direction and observation made hereinabove.
3. Let the matter be listed for hearing after the aforesaid procedure is undertaken, as per Rule 31-A of the Gujarat High Court Rules, 1993.
(JAYANT PATEL, J.) (MOHINDER PAL, J.) Tuvar Page 2 of 2