JUDGMENT:

DR. ARIJIT PASAYAT, J. -- Heard learned counsel for the parties.

2. We find the approach of the High Court, (both learned Single Judge and the Division Bench), to be erroneous. It is conceded by learned counsel for the respondent that the representation made on 05.05.2000 by Shiv Chander More was for a fresh grant of license. The Ltd. Governor found and, in our view, rightly, that a second renewal was not permissible referring to a judgment of this Court in Ratan Kaur Vs. Union of India (1997 (10) SCC 61). The order was challenged before learned Single Judge. Strangely, though learned Single Judge held that the decision was applicable but nevertheless granted relief to the respondent.

3. The matter was carried in appeal before the Division Bench by the Lt. Governor, the Deputy Commissioner and the Tahsildar. Peculiarly, the Division Bench found that the decision in Ratan Kaur's case (supra) to be not applicable to the facts and circumstances of the case. Once learned Single Judge held that the decision was applicable, it was not open to the Division Bench to take a different view without even indicating any distingui