Telangana HC Directs State Not To Insist Aadhaar For Uploading Property Details In Dharani Portal [Read Order]

The Telangana High Court has directed the State not to insist on uploading of Aadhaar details vis-i-vis the agricultural land details being placed by the people on Dharani Portal.

The bench comprising the Chief Justice Raghvendra Singh Chauhan and Justice Justice B. Vijaysen Reddy passed the interim order in petitions challenging the collection of Aadhaar Card numbers from the property owners for uploading property details in Dharani portal.

The court noted that though the Dharani Portal makes it mandatory that the Aadhaar number must be given, such a requirement is not seen in the Telangana Rights in Land and Pattadar Pass Books Act, 2020. 

"There is no chapter or any provision cleady indicating as to who  would collect the personal details, including Aadhaar Card details? Who will keep the information data in its possession? Who would have access to this information data? How the said information data would be protected? By whom it would be, protected ? Under what circumstances the information so collected can be accessed? By whom such information can be accessed? And whether the person whose information is being accessed would have a right to a prior notice or not? Thus, the Act of 2020 nowhere deals with the procedure, security and safety of the information data being collected. Even if there is no allegation that the data so far collected has been leaked or violates the privacy rights of the people, the said fact is absolutely immaterial.", the bench observed in the order.

The court said that even the balance of convenience is in favour of the petitioners since the State will not lose anything if the people were not to mention their Aadhar number while uploading the details of the agricultural land. "However, the people at large will lose vital, and personal information which as mentioned above, may be subjected to grave peril. Even with regard to the non-agricultural land, people will be forced to reveal their sensitive personal data, or information. Thus, it is the people who will suffer a setback while the State has nothing to lose.", the court said. Observing thus, the bench directed as follows:

Therefore, While the State is entitled to seek time to file its counter, this Court directs the State not to insist on the caste and Aadhaar details vis-i-vis the agricultural land details being placed by the people on Dharani Portal. Secondly, the State is directed not to insist that anl dctail bc Frlled in the Dharani Portal lis i-r'is the non agricultural land, owned by the people,, till rhc ncxt datc. 'Ihc State is further directed to ensure that tkg information collected, so far, from the people is kept safely and securely. The State is further directed to ensure that no third party shall have access to the information collected, so far by the State."

The case is next listed on 20th November 2020.

Case : Saaketh Kasibhatla vs. State of Telangana [W.P.(PL).NO 254 0F 2020] 

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