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2026 DAILYLAW 37563 (CAL)

SK. NUR ALAM AND ANR. v. STATE OF WEST BENGAL AND ORS.

CRR/2607/2026 · 2026-08-31

Kausik Chanda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31.08.2026 Item no. 21 Ct. No.237 AKG C.R.R. 2607 of 2026 Sk. Nur Alam & Anr. Vs. The State of West Bengal & Ors. Sk. Hossain Ali …for the Petitioners Mr. Gurudas Mitra, Mr. Utsav Dutta …for the State The petitioners challenge an order dated March 13, 2026, under Section 14 of the SAFAESI Act, 2002, passed in Misc. Case No. 20 of 2026, by the learned Chief Judicial Magistrate, Purba Burdwan. In my view the order impugned does not call for any interference. Needless to mention that an order passed by the learned Magistrate under Section 14 of the SAFAESI Act, 2002 is not a judicial order. The order is administrative in nature and it lacks any adjudicate disposition. While passing an order under Section 14 of the SAFAESI Act, 2002, the learned Magistrate does not determine the merits of the claim of the borrower or the creditor. By the order impugned, the learned Magistrate has appointed a learned Advocate as a Commissioner for taking possession of the assets. An arrangement has also been made for providing legal assistance to the borrowers/occupants. 2 The order impugned records the satisfaction of the learned Magistrate regarding the pre-requisite for passing an order under Section 14 of the SAFAESI Act, 2002. Needless to mention that the petitioners have statutory remedy under Section 17 of the SAFAESI Act, 2002. In that view of the matter, I am not inclined to interfere with the order of the learned Magistrate dated March 13, 2026. Accordingly, CRR 2607 of 2026 is dismissed. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)