Summary
The Supreme Court restored rejection of an application to set aside a certificate auction sale. Section 28 of the Bihar and Orissa Public Demands Recovery Act required both the application and the prescribed deposit within thirty days of sale. Filing an application alone did not preserve a right to deposit later, and the Certificate Officer lacked authority to extend time. The objectors were entitled to refund of their deposit.
Issues
- Whether the Certificate Officer could extend the thirty-day period for the deposit required to set aside an auction under Section 28.
Provisions considered
- Section 28, Bihar and Orissa Public Demands Recovery Act, 1914Treated timely deposit of all prescribed amounts as a mandatory condition for a valid application to set aside the sale. (¶¶ 7, 8, 9)
Held
- Deposit must precede or accompany the application within thirty days of sale. The statutory time limit is mandatory, and the entire amount specified by the provision must be deposited within that period. (¶¶ 7, 8)
- In the absence of statutory power to extend time, the Certificate Officer had no jurisdiction or judicial discretion to permit a later deposit. The High Court wrongly treated extension as a discretionary matter. (¶¶ 8, 9)
- The objectors’ claim to have purchased before the auction and their subsequent deposit did not satisfy the statutory condition. Their application consequently failed, with refund of the amount deposited. (¶¶ 9, 10)
Result
Auction purchasers’ appeal allowed. High Court orders set aside and Board of Revenue order confirmed; Section 28 application rejected. Objectors entitled to refund of their deposit.