(1.) IN this writ petition, petitioners are challenging insertion of Section 129 -B and Sub -Sections 3, 4 & 5 in Section 154 of The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the said "Act"), by the 2003 Amending Act. In that regard, we have already rendered a judgment in Writ Petition (M/B) No. 3 of 2011. We reiterate what has been held there.
(2.) IN addition to that, petitioners have challenged the validity of insertion of Section 152 -A in the said Act. The said inserted section is as follows : "152 -A. (1) A bhumidhar with transferable rights may execute power of attorney for transfer of land in favour of persons who are covered under sections 171, 172, 174 or 175 and in case no such person is existing, such Power of Attorney may be executed in favour of any other person with the prior permission of the Collector of the district or of the Indian consulate in case of persons living abroad. (2) A registered Power of Attorney to sell the land executed on or before 12.9.2003 shall be valid if the sale deed on the basis of such Power of Attorney is executed on or before 31.3.2004, irrespective of any time limit provided in such Power of Attorney, unless extended by the Collector of the district for reasons to be recorded in writing."
(3.) IN the writ petition, it is being contended that the said provision, contained in a State legislation, is contrary to the provisions contained in a Central Legislation known as The Powers -of -Attorney Act, 1882 (hereinafter referred to as the "1882 Act"). It is being contended that the said inserted Section 152 -A is contrary to the provisions contained in Section 2 of the 1882 Act. Section 2 of the 1882 Act is as follows : "2. Execution under power -of -attorney. - The donee of a power -of -attorney may, if he thinks fit, execute or do any instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the donor of the power; and every instrument and things so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof. This section applies to powers -of -attorney created by instruments executed either before or after this Act comes into force."