Section 38 in Andhra Pradesh Revenue Recovery Act, 1864
38. Application to set aside sale:
(1)At any time within thirty days from the date of sale of the immovable property, application may be made to the Collector to set aside the sale on the ground of some material, irregularity, or, mistake or fraud, in publishing or conducting it ; but, except as otherwise as hereinafter provided no sale shall be set aside on the ground of any such irregularity or mistake unless the applicant proves to the satisfaction of the Collector that he has sustained substantial injury by reasons thereof.(2)If the application be allowed, the Collector shall set aside the sale and may direct a fresh one.(3)Order confirming or setting aside sale: On the expiration of thirty days from the date of the sale, [if no application to have the sale set aside is made under Section 37-A or under Clause (1) of this section] [Substituted for the words "in no such application is made" by Madras Act 1 of 1906. ] or if such application has been made and rejected, the Collector shall make an order confirming the sale provided that, if he shall have reason to think that the sale sought to be set aside notwithstanding that no such application has been made or on ground other than those alleged in any application which has been made and rejected, he may, after recording his reason in writing set aside the sale.(4)Refund of deposit or purchase-money when sale set aside: Whenever the sale of any lands is not so confirmed or is set aside, the deposit or the purchase-money, as the case may be, shall be returned to the purchaser.(5)On confirmation of sale, purchaser's name to be registered:After the confirmation of any such sale, the Collector shall register the lands sold in the name of the person declared to be the purchaser and shall execute and grant a certificate of sale bearing, his seal and signature to such purchaser.(6)Certificate of sale: Such certificate shall state the property sold and name of the purchaser, and it shall be conclusive evidence of the fact of the purchase in all Courts and Tribunals, where it may be necessary to prove the same ; and no proof of the Collector's seal or signature shall be necessary, unless the authority before whom it is produced shall have reason to doubt its genuineness.
