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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Amina Begum – Petitioner
Versus
The State of Telangana and Others – Respondents
W.P. No. 6889 of 2019
Decided On : 16-08-2023
LAND RECORDS - ISSUANCE OF PATTADAR PASSBOOK-CUM-TITLE DEED - AADHAR NUMBER - MANDATORY LINKING - DENIAL OF STATUTORY BENEFITS - UNCONSTITUTIONAL - RIGHT TO PROPERTY - ARTICLE 300-A OF THE CONSTITUTION OF INDIA - LAND RECORDS UPDATION PROGRAM (LRUP) - TECHNICAL GLITCHES IN DHARANI PORTAL - COURT DIRECTS ISSUANCE OF PATTADAR PASSBOOK-CUM-TITLE DEED WITHOUT INSISTING ON AADHAR CARD.
Fact of the Case:
Petitioner sought a Writ of Mandamus to declare the action of respondents in not issuing the Pattadar Pass Book-cum-Title Deed after LRUP, on the ground of not obtaining Aadhar Number for agriculture land, as illegal and arbitrary. The Petitioner acquired the land in 2003 and had been in possession since then. LRUP proceedings were issued, and the Petitioner's name was re-mutated as the owner. However, the Pattadar Pass Book-cum-Title Deed was not issued due to the Petitioner's lack of an Aadhar Number. The Petitioner argued that the denial of the statutory benefit of the Pattadar Pass Book-cum-Title Deed solely on the ground of not having an Aadhar Number was unconstitutional and violated Article 300-A of the Constitution of India. The Petitioner also faced technical glitches in the Dharani Portal, preventing her from processing the issuance of the Pattadar Passbook.
Finding of the Court:
The Court found that the Petitioner was the absolute owner and pattadar of the agriculture land and had been in possession since 2003. The LRUP proceedings were conducted, and the Petitioner's name was re-mutated as the owner. The Court noted that the only reason for not issuing the Pattadar Pass Book-cum-Title Deed was the Petitioner's lack of an Aadhar Number. The Court also considered the Petitioner's medical condition, which prevented her from obtaining an Aadhar card. The Court relied on the Supreme Court's judgment in Justice K.S. Putta Swamy (Retd.) and Another vs. Union of India and Others, (2017) 10 SCR 569, which held that a citizen of India shall not be deprived of statutory benefits merely on the ground of not having an Aadhar Card.
Issues: 1. Whether the denial of the Pattadar Pass Book-cum-Title Deed solely on the ground of not having an Aadhar Number was unconstitutional and violated Article 300-A of the Constitution of India? 2. Whether the Petitioner could be denied the statutory benefit of the Pattadar Pass Book-cum-Title Deed due to technical glitches in the Dharani Portal?
Ratio Decidendi: The Court held that the denial of the Pattadar Pass Book-cum-Title Deed solely on the ground of not having an Aadhar Number was unconstitutional and violated Article 300-A of the Constitution of India. The Court relied on the Supreme Court's judgment in Justice K.S. Putta Swamy (Retd.) and Another vs. Union of India and Others, (2017) 10 SCR 569, which held that a citizen of India shall not be deprived of statutory benefits merely on the ground of not having an Aadhar Card. The Court also considered the Petitioner's medical condition, which prevented her from obtaining an Aadhar card. The Court further held that the technical glitches in the Dharani Portal could not be a ground for denying the Petitioner the statutory benefit of the Pattadar Pass Book-cum-Title Deed.
Final Decision: The Court allowed the Writ Petition and directed the 5th Respondent to reconsider the Petitioner's request for issuance of the Pattadar Pass Book-cum-Title Deed without insisting on the Petitioner to subject Petitioner's Aadhar card or its details, within a period of 2 weeks from the date of receipt of the copy of the order.
ORDER :
1. Heard the learned counsel for the Petitioner and the learned Government Pleader for Revenue appearing on behalf of the Respondents.
2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the action of the respondents in not issuing the Pattadar Pass Book-cum-Title Deed after LRUP which was undertaken by the Government of Telangana on the ground of not obtaining Aadhar Number by the petitioner for agriculture land to an extent of Ac. 0.16 Gts in Sy. No. 12, to an extent of Ac. 1.05 Gts in Sy. No. 13 and also an extent of Ac. 4.21 Gts in Sy. No. 15; all the moieties of properties put together will come to a total extent of Ac. 6.02 Gts situated in Kothrepally Village, Vikarabad Mandal and District as illegal, arbitrary, capricious besides violation of Art. 300-A of the Constitution of India and also violation of the Judgment of Apex Court rendered in W.P. No. (Civil) 494 of 2012 dated 26.9.2018 and consequently direct the 5th respondent to issue the Pattadar Pass Book-cum-Title Deed, otherwise the petitioner will suffer serious hardship.
3. The case of the Petitioner, in brief, is as follows:
(b) The petitioner acquired the Subject Property in the year 2003 by way of registered gift deed vide document No. 1663/2003 and two sale deeds Vide documents Nos. 1493/2003, 1494/2003 got executed on 03.07.2003 by the petitioner herein after paying due consideration and the same was registered in SRO, Vikarabad. Accordingly, the Pattadar Pass Books have been issued and entries are made in the name of the petitioner.
(c) As the matter stood thus the Government of Telangana introduced a scheme by name Land Records Updation Program (LRUP). Thus, the petitioner’s agriculture land was also scrutinized under the LRUP and the proceedings have been issued as per the procedure laid down in the RoR Act, vide proceedings in No. B/1523/2018 dated 14.09.2018.
(d) By virtue of the above said proceedings, the Government have re-mutated the entries of the petitioner into revenue records as owner and possessor of the above mentioned agriculture lands. In spite of mutation of the petitioner’s name in all the revenue records pertaining to the above said agriculture lands, the proposed Pattadar Pass Book-cum-Title Deed has not been issued on 09.11.2018, the petitioner made a representation to issue pattadar passbook-cum-title deed under the LRUP.
(e) Aggrieved by the action of the respondents and non-response to the representations made by the petitioner, on 24.12.18 an application was made under RTI through the petitioner’s authorized person asking the reasons for not issuing Pattadar Pass Book-cum-Title Deed.
(f) The 5th Respondent in response to the RTI application dated 24.12.18, issued a Memo dated 01.03.19 vide proceedings No. RTI/06/2018-19, stating that the Pattadar Pass Book-cum-Title Deed has not been issued in favour of the petitioner for the reason that she has not submitted her Aadhar Number. However, there was no official circular or executive instruction issued by the Government making Aadhar Number mandatory for issuing the Pattadar Passbook Cum Title deed.
(g) Without there being any statutory sanction, denial of statutory right of having PPB Cum TD is arbitrary and unconstitutional. Alongside, the petitioner could not obtain any Aadhar Number as she is suffering from diabetic neuropathy, as a result of which her hand finger prints and the iris impressions cannot be obtained. Due to t
AI
A citizen of India shall not be deprived of statutory benefits merely on the ground of not having an Aadhar Card.
The court affirmed that continuous possession and historical government actions justify the issuance of pattadar passbooks and title deeds under the Telangana Rights in Land and Pattadar Passbooks Ac....
The judgment emphasizes the importance of establishing legal right and title to the lands in question and highlights the significance of pleadings in a writ petition. It also emphasizes the need for ....
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