In a significant ruling, the Telangana High Court has reaffirmed that an Indian citizen's fundamental statutory rights cannot be denied on the basis of not possessing an Aadhar Card. Justice Surepalli Nanda, presiding over the case of Amina Begum, delivered this verdict, emphasizing the importance of upholding citizens' rights.
Amina Begum, the petitioner, sought a directive from the Revenue Authorities to grant her a patta passbook cum Title Deed for a piece of land measuring 6 acres in Vikharabad. She had acquired this land through gift and sale deeds in 2003, with all transfers properly recorded in the registry, and mutations updated in revenue entries. The patta passbook was duly issued in her favor.
However, in 2018, the State Government initiated the Land Records Updating Program (LRUP) to cleanse and update land records. Amina Begum's land and records were scrutinized under this scheme, leading to her name being re-mutated in the records. Despite the re-mutation, she encountered a frustrating delay in receiving a fresh Patta Passbook.
After a lengthy wait, Amina Begum resorted to filing an RTI inquiry to ascertain the cause of the delay. Shockingly, she was informed that her application was being withheld due to her inability to provide her Aadhar details.
Attempting to rectify this, she was directed to apply for her Patta Passbook through the Dharani Portal via the NRI module. However, technical glitches on the website and her debilitating health condition, "Diabetic Neuropathy," which hindered the collection of her fingerprints and iris impressions, posed insurmountable obstacles.
The High Court invoked a crucial judgment by the Supreme Court in Justice K.S. Kuppu Swamy (Retd.) and Another vs. Union of India & Others (2017). The Supreme Court had unequivocally affirmed that an Indian citizen must not be deprived of statutory benefits solely due to the absence of an Aadhar Card.
In light of this precedent, the Telangana High Court ruled in favor of Amina Begum, ordering the Vikarabad Mandal and District to promptly issue the Patta Passbook cum Title Deed in her name within two weeks, without any insistence on her Aadhar Card details.
This judgment reinforces the principle that fundamental rights of citizens should not be compromised due to Aadhar Card status, and it serves as a reminder of the importance of safeguarding these rights. Amina Begum's victory underscores the court's commitment to protecting individual liberties and ensuring equitable access to statutory benefits.
Case Title: Smt. Amina Begum vs. The State of Telangana
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