HABIBULLAH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. H.S. Paonam, learned senior counsel assisted by Mr. N. Bipin, learned Counsel appearing for the Petitioner and Mr. H. Raghumani, learned Government advocate appearing on behalf of the Government Respondents. Also heard Mr. Th. Ibohal Singh assisted by Th. Saratkumar Singh, learned Counsel appearing for the private Respondent.

(2.) WRIT petition being WP(C) No. 781 of 2010 was filed by the Petitioner therein for issuance of a writ of quo warrantor against the private Respondent No. 4 and the learned Counsel appearing for the parties, have been heard at length and time was granted on many occasions, to enable them to canvass and substantiate their respective propositions/contentions raised in the case. Order in WP(C) No. 781 of 2010 was reserved by an order dated 10.2.2011 passed by this Court and while the aforesaid case was being kept CAV, the private Respondent No. 4 also filed another writ petition being WP(C) No. 81 of 2011 for issuance of a writ of quo warrantor against the Petitioner in WP(C) No. 781 of 2010. The Petitioner in WP(C) No. 81 of 2011 is the private Respondent No. 4 in WP(C) No. 781 of 2010. On 18.2.2011, Shri Th. Saratkumar Singh, learned Counsel appearing for the Petitioner in WP(C) No. 81 of 2011, Shri H. Raghumani, learned Government Advocate and Mr. H.S. Paonam, learned senior counsel appearing on behalf of the private Respondent No. 4 in the 2nd case, were heard at length and it was broadly agreed among the learned Counsels appearing for the parties that the issues raised in the subsequent case, i.e., WP(C) No. 81 of 2011 are more or less the same with that of the issues raised in WP(C) No. 781 of 2010, which were adequately urged and addressed by the contesting parties and as such, the second case be clubbed together with the first case. As agreed upon by the parties, WP(C) No. 81 of 2011 was ordered to be tagged along with WP(C) No. 781 of 2010 as they are analogous in nature and they are to be disposed of by this common judgment and order.

(3.) MR . H. Raghumani, learned Government advocate submits that in view of the affidavit (Annexure A/16) already filed by the State Government in WP(C) No. 2005 of 2001(Imp.), which was disposed of as not pressed by the Petitioner therein, Government cannot take any stand contrary to the earlier stand with regards to matters relating to service conditions of the private Respondent No. 4 and as such, he is not opposing the contention and the prayer of the writ Petitioner in WP(C) No. 781 of 2010.