Can't Deny A Citizen's Statutory Rights For Not Having Aadhar Card: Telangana High Court Reiterates

The Telangana High Court has reiterated that a citizen of India cannot be denied his/her statutory rights for not possessing an Aadhar Card.

The decision was passed by Justice Surepalli Nanda in a petition filed by Amina Begum with a prayer to direct the Revenue Authorities to issue patta passbook cum Title Deed in her favour.

"This Court opines that the Petitioner cannot be denied the relief prayed for in the present Writ Petition on the ground that the Petitioner does not have the Aadhar card."

The petitioner claimed that she had been the owner and possessor of a piece of land measuring 6 acres in Vikharabad, which she had attained via gift and sale deeds in 2003. The transfer was recorded in the registry and mutation was carried out in the revenue entries and the patta passbook was issued in favour of the petitioner.

The State Government, in 2018, introduced the Land Records Updating Program (LRUP) to survey land and land records with an aim to 'purify' them. The petitioner's land and land records were also surveyed under the said scheme, and her name was re-mutated in the records.

The petitioner's grievance was that, despite the re-mutation, she was not issued a fresh Patta Passbook. The petitioner filed an RTI after a long wait, to inquire the reason for the delay and was informed that her application was being withheld due to her not being able to provide her Aadhar details.

The petitioner was asked to apply for her Patta Paasbook, through the Dharani Portal via NRI module.

It was contended by the petitioner that she couldn't do so due to technical glitches in the website and due to her suffering from a rare ailment "Diabetic Neuropathy as a result of which her hand fingerprints and the iris impressions cannot be obtained."

The Court has referred to the Judgement passed by the Apex Court in Justice K.S. Putta Swamy (Retd.) and Another vs. Union of India & Other and held:

"A bare perusal of the judgement of the Apex Court reported in (2017) 10 SCR 569 in Justice K.S. Putta Swamy (Retd.) and Another vs. Union of India & Others, dt. 24.08.2017 categorically reiterated that a citizen of India shall not be deprived of his statutory benefits merely on ground of not having Aadhar Card."

The Court had directed the Vikarabad Mandal and District to issue the Patta Passbook cum Title Deed in favour of the petitioner, within 2 weeks, without insisting on her Aadhaar. Accordingly, the petition was allowed.

Case Title: Smt. Amina Begum vs. The State of Telangana

Counsel for Petitioner: Maheish Mamindla (arguing counsel), T. Balaswami (counsel on record)

Counsel for Respondent: GP for Revenue TS

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