Govt. seeks to vacate stay order in Dharani portal PIL pleas

Stay on collection of Aadhaar, caste details of citizens for property registration

The State government has filed a petition in the Telangana High Court on Monday seeking to vacate the order staying collection of details of Aadhaar card and caste of citizens for registration of properties.

A division bench of Chief Justice Raghvendra Singh Chauhan and Justice B. Vijaysen Reddy passed the stay order on this November 3, after hearing a batch of PIL pleas challenging enlistment of properties in Dharani portal. Seeking a direction to vacate the stay order, the government stated that State was empowered to ask for Aadhaar details in all government schemes providing subsidy to people.

Government schemes

In schemes like Rythu Bandhu, Rythu Bandhu Group Insurance and Crop Loan Waiver the petitioners contended that insisting for Aadhaar card was in violation of the Supreme Court order in Justice K.S. Puttaswamy (Retired) and another vs Union of India. The apex court order stated that State cannot ask for Aadhaar card details of citizens unless the government is providing any benefits, service or subsidy through welfare schemes to citizens. The government contended that after the apex court verdict, the Unique Identification Authority of India (UIDAI) issued guidelines under Section 7 of the Aadhaar Act-2016. Pursuant to this, Telangana government issued notifications under Section 7 of the same Act empowering the State government to insist for Aadhaar card. Government schemes like Rythu Bandhu enable owner of an agricultural land eligible to receive financial assistance as agricultural investment. If the land is sold or transferred, the new owner of the land would be automatically made beneficiary of Rythu Bandhu scheme. The idea of Dharani portal was conceived to affect instant transfer of the rights over the land to the new owner. “The State is in no manner contravening any provisions of Aadhaar Act-2016 as contended by the petitioners,” the government stated in its petition.

Directing the petitioners to present their objections over the petition seeking to vacate the stay order, the bench posted pleas to December 31 for next hearing.

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