IRSHAD HUSAIN Vs. DISTRICT MAGISTRATE MORADABAD

JUDGEMENT

(1.) HERE the dispute is not with regard to recovery of commercial loan amount by the Bank as land revenue. The dispute is with regard to power of jurisdiction of the authority under Section 14 of the Securitisation and Reconstruction of financial Assets and Enforcement of Security interest Act, 2002 (hereinafter called as Act, 2002) to give assistance to the secured creditor i. e. the Bank herein is taking possession of the property in question. The petitioner wanted to make out the case that the order dated 27-1-2009, which has been passed by the Additional District Magistrate/ additional Collector (F. and R.), Moradabad in case no. 42/78 of 2008 (The Jammu and kashmir Bank Ltd. v. Wemesa Fibres (Pvt.)Ltd. and others) is not sustainable in view of the fact that such Additional District magistrate/additional Collector (F. and R.), moradabad has no power or authonty to pass such order as per Section 14 of the act, 2002. Section 14 of the Act, 2002 is quoted hereunder:

(2.) ACCORDING to us, when the above Act is subjective in nature, the Act below is the procedural in nature. Upon going through section 14-A of the UP. Land Revenue Act, 1901 we find that the Additional Collector has the similar power as of Collector, thereby the Collector includes the Additional Collector. Section 14-A of such Act is also quoted hereunder:

(3.) AGAINST this background we cannot hold and say that the order which has been passed by the Additional Collector is without jurisdiction. Hence, the writ petition is dismissed. However, no order is passed as to costs. Petition dismissed.