- (1.) The order dated 23rd February, 2015 passed by the Additional District Magistrate (General), Birbhum is challenged on the ground that he did not have the jurisdiction to pass such an order.
(2.) It is argued on behalf of the petitioner that this is the position after amendment of Section 14 of The SARFAESI Act, 2002 by insertion of Section 1(A) authorizing the District Magistrate to authorize any officer subordinate to him to, inter alia, take possession of assets.
(3.) On my reading of Section 14 and various sub-sections and sub-paragraphs thereunder, the substantive decision to take possession under Section 14 has to be taken by the District Magistrate. This view is fortified by the second proviso to sub-section (1) which says that after receipt of an affidavit from an authorised officer and after satisfying himself regarding the contents, the District Magistrate will "pass suitable orders for the purpose of taking possession of the secured assets." Therefore after the District Magistrate issues an order for taking possession of the secured assets he can authorize an officer subordinate to him to take possession under sub-section (1A).;