Government of Andhra Pradesh v Thummala Krishna Rao

Facts

• The Government of Andhra Pradesh (AP) assigned lands to landless poor persons under various land assignment schemes
• The assignees were prohibited from alienating the assigned lands under the conditions of the grant
• Certain assignees transferred their lands to third parties in violation of the prohibition
• The Government sought to resume the lands on the ground of breach of conditions

Issue

1. Whether the prohibition on alienation of assigned lands is valid, and whether transfers made in violation of such prohibition are void ab initio.

Held

• The prohibition on alienation of assigned lands is a valid condition attached to the grant
• Transfers made in violation of the statutory prohibition are void and confer no title on the transferee
• The State has the right to resume lands where conditions of assignment are breached
• The purpose of assignment is to provide livelihood to the landless poor, and alienation defeats this social welfare objective
• Third-party purchasers acquire no rights and cannot claim bona fide purchase as a defence

Ratio Decidendi

Lands assigned to the landless poor under government schemes are burdened with a statutory prohibition on alienation that flows from the social welfare objective of the assignment. Any alienation in breach of the conditions of grant is void ab initio, and the State retains the power to resume such lands for reassignment to other eligible landless persons.