CMP(T) No. 28 of 2011 in CWP(T) No. 4813 of 2008. 8.3.2011 Present: Mr. Rakesh Jaswal, Advocate for the petitioner. Mr. Vivek Singh Thakur, Addl.AG for respondents No.1 and 2. Mr. Anand Sharma, counsel for applicant-respondent No.3. CMP(T) No. 28 of 2011. By means of this application the applicant-respondent No.3 submits that the College as well as Management was taken over by the State of Himachal Pradesh vide notification dated 4.1.2007 and therefore the order directing all the respondents to work out the amount/dues and arrears should be corrected and only the respondents 1 and 2 may be held liable to pay the amount. It would be pertinent to mention that when the petition was filed this college was a private Government aided college and it is nowhere stated in the pleadings of the writ petition and there was not a whisper that the college had been taken over by the Government. In case the respondent No.3 feels that it is not liable to pay the amount because the college has been taken over by the State of HP, it should have filed an application for amendment of its written statement before hearing. Since that was not done, the only remedy with the college is to file separate proceedings in this regard. It is made clear that this Court had not gone into this question and had not decided the question as to : 2 : whether the private management would be liable to pay the amount and this question is left open and the respondents can agitate the same in separate proceedings. The State of HP is directed to deposit the amount due in the Registry of this Court within the time already granted and the said amount shall not be disbursed till 31.5.2011. (Deepak Gupta) Judge March 8, 2011 (guleria)