The Telangana High Court in the case Smt. Amina Begum vs. The State of Telangana observed and has reiterated that a citizen of India cannot be denied his or her.
The bench headed by Justice Surepalli Nanda was hearing the plea moved by Amina Begum with a prayer to direct the Revenue Authorities to issue patta passbook cum Title Deed in her favour.
The court in the case observed that the Petitioner cannot be denied the relief wherein it prayed for in the present Writ Petition on the ground that the Petitioner does not have the Aadhar card.
It has also been claimed by the petitioner in the plea 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 the year 2003 and the said transfer was being 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 the case introduced the Land Records Updating Program, LRUP in order to survey the land and the land records with an aim to ‘purify’ the. Thus, the land of the petitioner and the land records were also surveyed under the said scheme, and her name was re-mutated in the records.
Therefore, the grievance of the petitioner was that despite the re-mutation, she was not issued a fresh Patta Passbook. Thus, 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. Further, the petitioner was being asked to apply for her Patta Paasbook, through the Dharani Portal via NRI module.
The petitioner contended before the court that she could not do so due to technical glitches in the website and due to her suffering from a rare ailment “Diabetic Neuropathy as the result of which her hand fingerprints and the iris impressions cannot be obtained. The court in the case observed and has also referred to the judgement passed by the Apex Court in the case Justice K.S. Kuppu Swamy (Retd.) and Another vs. Union of India & Other, wherein the court stated that the bare perusal of the judgement of the Apex Court reported in the case Justice K.S. Kuppu Swamy (Retd.) and Another vs. Union of India & Others, thus, the court reiterated that a citizen of India shall not be deprived of his statutory benefits merely on ground of not having Aadhar Card.
The court while considering the facts and circumstances of the case stated that Vikarabad Mandal and District to issue the Patta Passbook cum Title Deed in favour of the petitioner, within the period of two weeks, without insisting on her Aadhaar.
Accordingly, the court allowed the plea.
The counsel, Advocate MaheishMamindla, AdvocateT. Balaswami appeared for the petitioner.