The Lt. Governor and ors. Vs. Shiv Chander More and ors.

- constitution of india article 142; [tarun chatterjee & harjit singh bedi, jj] transfer - criminal proceedings between husband and wife transfer sought by husband - on intervention of court parties compromised their disputes - supreme court in exercise of authority under article 142 withdrew all litigations pending to itself and passed orders in terms of compromise.-- code of criminal procedure, 1973 [c.a. no. 2/1974]. section 406: transfer - criminal proceedings between husband and wife transfer sought by husband - on intervention of court parties compromised their disputes - supreme court in exercise of authority under article 142 of constitution withdrew all litigations pending to itself and passed orders in terms of compromise. .....in our view, rightly, that a second renewal was not permissible referring to a judgment of this court in ratan kaur v. union of india : air 1997 sc2723 . 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. 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 distinguishing feature. however, mr. vijay hansaria, learned senior counsel appearing for respondent nos. 1 to 4 submitted that the representation did not reflect the correct state of affairs, and in fact, what was being objected to was the action for eviction. that matter was never projected before the lt. governor and, as noted above, the prayer was for renewal. the order of the lt. governor, therefore, was legal and proper and the high court should not have interfered with it. if the respondent has any remedy, as claimed, other than seeking fresh grant and/or renewal, that did not fall for consideration in the representation before the lt. governor and the high court. we express no opinion in that regard.3. the appeal is allowed to the aforesaid extent without any order as to costs.civil appeal no. 5092 of 20044. in view of the judgment in civil appeal no. 5091 of 2004, this appeal is allowed.