LI Network
Published on: 06 September 2023 at 11:43 IST
The Telangana High Court has 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, considering the petitioner’s medical condition and a Supreme Court precedent.
The petitioner sought a Writ of Mandamus to declare the respondents’ action as illegal for not issuing a Pattadar Pass Book-cum-Title Deed following the Land Records Updation Program (LRUP) due to the petitioner not having an Aadhar Number.
Justice Surepalli Nanda’s bench relied on a previous Supreme Court decision, Justice K.S. Putta Swamy (Retd.) & Another v. Union of India and others, (2017), 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 measuring 6.02 Gts, acquired through a gift deed and sale deeds in 2003.
The Government of Telangana initiated the LRUP for land scrutiny, and proceedings were issued to update the petitioner’s name in revenue records as the owner. Despite this update, the Pattadar Pass Book-cum-Title Deed was not issued, leading the petitioner to make representations. An RTI application revealed that the denial of the Pass Book-cum-Title Deed was due to the petitioner’s lack of an Aadhar Number.
The argument put forth was that the petitioner’s physical condition (suffering from diabetic neuropathy) rendered obtaining an Aadhar Card impossible, especially without any official mandate.
The Court acknowledged that the petitioner’s land underwent scrutiny under the Land Records Updation Programme (LRUP), and proceedings were initiated to update the petitioner’s ownership status. However, the Pattadar Pass Book-cum-Title Deed was withheld despite the petitioner’s representations.
Furthermore, the Court recognized that the denial of the requested document was solely attributed to the petitioner’s lack of an Aadhar Number, which was hindered by their physical condition, diabetic neuropathy.
The Court also noted that the petitioner’s reply affidavit highlighted that they were directed to submit an online application via the “NRI Portal in Dharani Site,” but certain technical issues prevented successful processing.
In its conclusion, the Court held that the petitioner could not be denied relief based solely on the absence of an Aadhar card. It took into account the petitioner’s health condition, specific arguments presented in the reply affidavit, and the Supreme Court’s precedent. As a result, the Writ Petition was granted.
“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 instructed to reconsider the petitioner’s request for the issuance of the Pattadar Passbook cum Title Deed without requiring the submission of an Aadhar card or its details. This decision was to be made within two weeks.
Case Title: Amina Begum v. The State of Telangana & Ors.