S.U.Khan, J. - (1.) Order dated 7.2.07 passed in this writ (on the order sheet) is quoted below: "In the revised list no one appeared on behalf of respondent hence argument of learned counsel for the petitioner were heard and judgment was dictated in open court allowing the writ petition. Immediately thereafter learned counsel for the contesting respondent appeared and requested for hearing. On the direction of the court, learned counsel for the respondent requested learned counsel for the petitioner to be present. Now both the learned counsel are present. Accordingly, put up tomorrow for further hearing." Such a course was open in view of Surendra Singh vs. State of U.P. A.I.R. 1954 S.C. 194 and Sangam Lal vs. R.C.&E.O. A.I.R. 1966 Allahabad 221 (F.B.).
(2.) Thereafter matter was taken up on 8.2.2007 and as arguments of learned counsel for both the parties were not concluded on the said date hence it was directed to be put up for further arguments on the next date. Thereafter on 9.2.2007 arguments of learned counsel for both the parties were concluded and judgment was reserved.
(3.) The question involved in this writ petition is as to whether respondent no.3 - Smt. Harbhajan Kaur purchaser of petitioner's agricultural land is entitled to the benefit of Section 12-A (d) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 which is quoted below: "12-A........ Provided that- (d) where any person holds land in excess of the ceiling area including land which is the subject of any transfer or partition referred to in sub-section (6) or sub-section (7) of Section 5, the surplus land determined shall, as far as possible, be land other than land which is the subject of such transfer or partition, and if the surplus land includes any land which is the subject of such transfer or partition, the transfer or partition shall, in so far as it relates to the land included in the surplus land, be deemed to be and always to have been void, and- (i) it shall be open to the transferee to claim refund of the proportionate amount of consideration, if any, advanced by him to the transferor, and such amount shall be charged on the [amount] payable to the transferor under Section 17 and also on any land retained by the transferor within the ceiling area, which shall be liable to be sold in satisfaction of the charge, notwithstanding anything contained in Section 153 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950; (ii) any party to the partition (other than the tenure-holder in respect of whom the surplus land has been determined) whose land is included in surplus land of the said tenure-holder shall be entitled to have the partition re-opened.";