A.R. Lakshmanan, Ag. CJ.

The unsuccessful petitioner in O.P. 13768 of 1996 is the appellant herein. The Original Petition was tiled to quash Ext. P.5 and for a mandamus directing the respondents to confirm the sale conducted on 23.9.1994 and direct the third respondent to measure the property and put in possession of the property to the petitioner. A further prayer to declare that the Order No. 6714/94/M dated 30.3.1995 issued by the second respondent and Ext. P5 dated 5.7.1996 are null and void was also sought for.

2. Appellant is the successful bidder in the sale conducted on 23.9.1994. He has deposited the entire bid amount of Rs. 10.868/- as per the instructions of the third respondent in respect of 13 cents of wet land (paddy field) in Sy. No. 635/2 of Chowara village. Since the sale certificate was not issued, the appellant made Exts. P3 and P4 representations to respondents 1 and 2 respectively for issuance of sale certificate to which he is entitled. However, the sale certificate was not issued to him. But, he was served with Ext. P5 order dated 5.7.1996 stating that on the basis of an order dated 30.3.1995, the sale has been set aside since the bid amount was too