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State of Odisha - Section

Section 28 in The Orissa Public Demands Recovery Act, 1962

28. Application to set aside sale of immovable property on ground of non-service of notice or irregularity.

(1)Where immovable property has been sold in execution of a certificate, the certificate-holder, the certificate-debtor, or any person whose interests are affected by the sale, may, at any time within sixty days from the date of the sale, apply to the Certificate officer to set aside the sale, on the ground that notice was not served under Section 6 or on the ground of a material irregularly in the certificate proceedings or in publishing or conducting the sale :Provided that -
(a)no sale shall be set aside on the ground of any such material irregularity unless the Certificate Officer is satisfied that the application has sustained substantial injury thereby; and
(b)In the case of an application by the certificate-debtor the Certificate Officer shall, before passing an order setting aside a sale under this section, require him to pay the amount actually found due from him.
(2)Notwithstanding anything contained in Sub-section (1) the Certificate Officer may entertain an application made after the expiry of sixty days from the date of the sale if he is satisfied that there are reasonable grounds for so doing.