State of Andhra Pradesh v Mohd Ashrafuddin

Facts

• The Government of Andhra Pradesh assigned lands to Mohd Ashrafuddin and others for agricultural purposes under land assignment schemes
• The conditions of assignment prohibited alienation and required personal cultivation
• Certain assignees either alienated the lands or failed to cultivate them personally
• The Government initiated proceedings to resume the lands for breach of conditions
• The assignees challenged the resumption orders

Issue

1. Whether the State can resume assigned lands upon finding that the assignee has breached the conditions of assignment, and what procedural safeguards apply.

Held

• The State has an inherent power to resume assigned lands upon breach of conditions
• The conditions of assignment (prohibition on alienation, personal cultivation) are mandatory, not directory
• Breach of any condition entitles the State to resume without the assignee being able to claim any vested right
• The assignee must be given reasonable notice and opportunity to show cause before resumption
• Principles of natural justice apply to resumption proceedings

Ratio Decidendi

Lands assigned by the State to the landless poor are conditional grants. The conditions of assignment (personal cultivation, prohibition on alienation, specified use) are integral to the grant's purpose of providing livelihood to the landless. Breach of any condition entitles the State to resume the land, provided the procedural requirements of notice and hearing are satisfied.