UCO BANK REGIONAL OFFICE Vs. DISTRICT MAGISTRATE ALLAHABAD

JUDGEMENT

(1.) HEARD Sri Vipin Kumar Saxena, learned counsel for the petitioners, Sri P.C. Srivastava, learned counsel for respondent Nos. 2 and 3 and Sri Vishnu Pratap, learned Standing Counsel appearing for respondents No. 1.

(2.) COUNTER-affidavit has been filed by the respondent Nos. 2 and 3 to which rejoinder affidavit has also been filed. COUNTER and rejoinder affidavits have been exchanged. With the consent of learned counsel for the parties, the writ petition is being disposed of finally.

(3.) LEARNED counsel for the petitioners submits that application and appeal of respondents No. 2 and 3 filed under Section 17 of the Act, 2002 having already been dismissed, the bank rightly invoked the power of the District Magistrate under Section 14 of the Act on whose application an order was issued by the District Magistrate on 15.2.2010 for handing over possession of the property to the bank, against which writ petition filed by respondent No. 2 having been dismissed the respondents No. 2 and 3 had no authority to make any application for recall of order dated 15.2.2010 nor the District Magistrate had jurisdiction to hear the application again entering into various issues which has been raised by respondent No. 2 in his application. It is submitted that jurisdiction under Section 14 of the Act, 2002 is limited and under this Section the District Magistrate is not required to adjudicate various issues which have been raised in the application filed by respondent Nos. 2 and 3.