within 30 days from the date of sale and deposits the arrears specified in the sale proclamation within the said period of 30 days, the Recovery Officer shall pass an order setting aside the sale. While doing so, the Recovery Officer shall refund the purchase money to the auction purchaser together with 5 per cent of the amount deposited by the person applying for setting aside the auction. As the 1st and 2nd respondents did not apply for setting aside the auction within 30 days, clause (b) of sub-rule 4 of Rule 38 had no application. However, the learned Single Judge, while exercising discretionary jurisdiction under Article 226 of the Constitution of India, directed that the appellant be Civil Appeal @ SLP(C) No. 5464 of 2023 Page 5 of 8compensated by paying 5 per cent of the amount deposited by him as the auction purchaser. In law, there was no basis for the said direction. The Division Bench has confirmed the said direction by holding that payment of the additional amount of 5 per