Kh Nobin Singh, J. - (1.)Heard Shri Y. Nirmolchand, the learned Sr. Advocate assisted by Shri L. Raju, the learned counsel appearing for the respondents/ petitioners and Shri Niranjan Sanasam, the learned Addl. Government Advocate appearing for the applicants/ respondents.
(2.)The instant application has been filed by the State Government namely, the applicant/ respondent Nos.1 and 3 praying for allowing them to withdraw the affidavit-in-opposition by Shri Lamabam Kirankumar Singh, Under Secretary (RD & PR), Government of Manipur on their behalf and to file a fresh affidavit-in-opposition. The grounds on which the application has been filed, are that the averments made in para 3 and 4 of the said affidavit-in-opposition are contrary to the stand taken by the State Government in the earlier proceedings before this Hon'ble Court and that the stand taken by the State Government in the present affidavit-in-opposition is through bonafide mistake and without proper consulting the records of the earlier proceedings of the Hon'ble High Court.
(3.)Denying the averments made in the application, an objection has been filed on behalf of the respondents/ petitioners contending that the statements made by the Under Secretary (RD & PR) on behalf of the applicant/ respondent Nos.1 and 3 in the present case might be contrary to the statements made by them in their earlier affidavit-in-opposition but the same are based on the conditions mentioned in the approval letter dated 05-11-1999 of the State Government and the appointment order dated 05-11-1999 issued by the Director (DR & PR). It has also been stated that the prayers made in the writ petitions being WP(C) No.409 of 2000 and WP(C) No.474 of 2006 are different from that of the present case.