Citizens Cannot Be Deprived Of Statutory Benefits Solely Due To Absence Of Aadhar Card: Telangana High Court
The Telangana High Court granted the petitioner's request for the Pattadar Pass Book-cum-Title Deed, emphasizing that the absence of an Aadhar card should not be the sole reason for denial, given the petitioner's medical condition and a Supreme Court precedent. The petitioner was seeking a Writ of Mandamus to declare the action of the respondents as illegal for not issuing a Pattadar Pass Book-cum-Title Deed after the Land Records Updation Program (LRUP) due to the petitioner not obtaining an Aadhar Number.
A Bench of Justice Surepalli Nanda placed reliance on a previous Supreme Court decision of Justice K.S. Putta Swamy (Retd.) & Another v. Union of India and others, (2017) 10 SCR 569 which emphasized that Indian citizens cannot be deprived of statutory benefits solely because they do not possess an Aadhar Card.
The petitioner was the owner of agricultural land totaling 6.02 Gts, acquired through a gift deed and sale deeds in 2003. The LRUP was initiated by the Government of Telangana for land scrutiny, and proceedings were issued to mutate the petitioner's name into revenue records as the owner. Despite this mutation, the Pattadar Pass Book-cum-Title Deed was not issued, prompting the petitioner to make representations. An RTI application revealed that the denial of the Pass Book-cum-Title Deed was due to the petitioner not providing an Aadhar Number.
Advocate T. Balaswami appeared for the Petitioner.
It was argued that the petitioner's physical condition (suffering from diabetic neuropathy) makes obtaining an Aadhar Card impossible, and there's no official mandate for it.
The Court noted that the petitioner's land was scrutinized under the Land Records Updation Programme (LRUP), and proceedings were issued to update the petitioner's name as the owner. However, the Pattadar Pass Book-cum-Title Deed was not issued despite representations by the petitioner.
The Court further noted that the denial of the requested document was solely due to the petitioner not having an Aadhar Number. The petitioner's physical condition, diabetic neuropathy, prevented them from obtaining an Aadhar Card.
The Court also noted that the petitioner's reply affidavit highlighted that the petitioner was directed to make an online application under the "NRI Portal in Dharani Site," but certain technical issues prevented successful processing.
The Court concluded that the petitioner cannot be denied relief based on the absence of an Aadhar card. It considered the petitioner's health condition, their specific arguments in the reply affidavit, and the Supreme Court's precedent. Consequently, the Writ Petition was allowed.
“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 5th Respondent was directed to reconsider the petitioner's request for the issuance of the Pattadar Passbook cum Title Deed without insisting on the submission of an Aadhar card or its details. This decision was to be made within two weeks.
Cause Title: Amina Begum v. The State of Telangana & Ors.
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