In Brief
The Supreme Court considered the interpretation of Section 28 of the Bihar and Orissa Public Demands Recovery Act, 1914, which permits applications to set aside auction sales of mortgaged agricultural land. The respondent-purchasers applied to set aside an auction sale but failed to make the required deposit of purchase money with penalty and interest within thirty days of the sale date. The High Court allowed their writ petition, citing the Certificate Officer's discretion to extend the time. The Supreme Court reversed this, holding that the thirty-day period is mandatory and non-extendable. The Certificate Officer lacks authority to extend the time for deposit. An application is valid only when the full deposit is made within thirty days from the sale date, either before or with the application. The appeal was allowed and the respondents were entitled to a refund of deposited amounts.
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