HUSAIN STONE CRUSHER Vs. STATE OF U.P.

JUDGEMENT

(1.) Under challenge in this writ petition is the order dated 26.08.2019 passed by the Additional District Magistrate (Finance and Revenue), District Rampur.

(2.) The aforesaid order has been passed by him in exercise of powers under Section 14 of the The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as "Securitisation Act") directing Up Zila Magistrate (Sadar) and the Circle Officer to take possession of the secured assets of the petitioners.

(3.) The principle argument of Sri Prateek Kumar, learned counsel for the petitioners is that the aforesaid order is without jurisdiction and as such a nullity. The Additional District Magistrate has no authority in law to pass any order under Section 14 of the Securitisation Act. The power to pass an order under the aforesaid provisions is vested solely in the District Magistrate or the Chief Metropolitan Magistrate. The aforesaid power is a quasi-judicial power and it cannot be delegated to any other person, officer or authority. The Additional District Magistrate would not be included in the definition of the District Magistrate for the purposes of the Securitisation Act.