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Issues: Whether the impugned action cancelling or proceeding against the sale deed could be sustained where the transaction was found to have been procured by fraud, notwithstanding the plea of bona fide purchase and the contention that the later Government Order could not apply retrospectively.
Analysis: The order records a finding that the sale deed had been obtained by fraud and that the transferor had no authority to execute the sale deed. In such circumstances, the question of retrospectivity or prospectivity was held to be immaterial, because fraud unravels everything. The Court also accepted the principle that authorities may take remedial action where fraud is established, and that void transactions based on lack of title or authority cannot be protected merely because a subsequent purchaser claims to be bona fide.
Conclusion: The challenge failed, as the impugned order was upheld on the ground that a transaction tainted by fraud and executed without authority could not be sustained.
Final Conclusion: The writ petition was rejected, leaving the petitioner to pursue remedies in the pending suit.
Ratio Decidendi: A transaction procured by fraud or executed by a person lacking authority is void and can be ignored or remedied by the authority, and objections based on retrospectivity or bona fide purchase do not defeat such corrective action.