( 1 ) IN this application the petitioner challenges the withholding of the release order in respect of certain lots, being Nos. 31 (OP) to 39 (OP) which according to the petitioner was collectively sold to him.

( 2 ) PURSUANT to an advertisement in the Statesman, Calcutta Edition and Amrita Bazar Patrika on diverse dates in January, 1981 the petitioner attended the auction sale in respect of the certain unserviceable goods belong to the respondent No. 1.

( 3 ) IT is not in dispute that the petitioner was declared the highest bidder in respect of the abovementioned lots in that auction sale.

( 4 ) PURSUANT to the terms and conditions of the sale the petitioner paid a sum of Rs. 1,20,000/- in cash on the 28th January, 1981 which sum represented a little more than 25% of the total value of the goods in respect of which the petitioner became the highest bidder. It is further not in dispute that the petitioner paid the balance sum of Rs. 3,50,000/- plus sales tax amounting to Rs. 18,800/- on the 4th February, 1981.

( 5 ) IT is the contention of the petitioner by virtue of the provisions of section 64 (2) of the State of Goods Act, 1930 the sale became complete in so f