(1) In exercise of the power of the sale conferred by section 26, the Board or any person duly authorised by the Board, may apply to the sale officer appointed in that behalf under section 35 to sell the 1[property to which the Gehan, mortgage or hypothecation relates] or any part thereof and such officer shall, after giving notice in writing to all the persons referred to in section 26, sell such property,
1. Substituted for the words "mortgaged property" vide H.P. Act No 16 of 1987, effective from 16th November, 1987.
22 THE HIMACHAL PRADESH CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANKS ACT, 1979 in the manner prescribed subject to any previous charge on the basis of registered deed.
(2) The sale shall be by public auction and shall be held in the village where the 1[property to which the Gehan, mortgage or hypothecation relates] is situated or at the nearest place of public resort if the sale officer is of the opinion that the property is likely to be sold to better advantage there.
(3) The Registrar may set aside a sale on the application of 2[the person creating or executing the Gehan, mortgage or hypothecation] or any other person interested in 3[the property to which the Gehan, mortgage or hypothecation relates], presented to him within 30 days of the sale, if in his opinion there has been an illegality or material irregularity in conducting the sale.
(4) On the sale being set aside by the Registrar under sub-section (3), fresh sale shall be conducted in accordance with the provisions of this Chapter.