The High Court · 2024

5.Katta Sriramulu S/o Veeraiah, aged 25 years, resident of V-Konduru Village, Kalidindi Mandal, Krishna District S.Gandu Apparao S/o Satyanarayana Murthy, aged 30 years R/o Pasarlapudi village, Mamidikuduru mandal. East Godavari District

7.Nukala Bhavani Sankar S/o Subba Rao, aged 35 years D.No: 1-154, Anantavaram, Mummidivaram Mandal, East Godavari District S'.Kamatham Raja Kumar , S/q Raja Rao, aged 38 years D.No: 25-9, Seetanapalle Village, Kaikaluru Mandal, Krishna District

9.Vakkapatla Venkata Satyanarayana S/o Nageswara Rao, aged 30 years D.No: 1-3, Elurupadu village, Kalla mandal. West Godavari Disrtict lO.Veeravalli Satyanarayana S/o Vinayaka Rao, aged 35 years D.No: 1-8/A, Kopalle Village Kalla mandal. West Godavari Disrtict ll.Bandaru Kanaka Rao S/o Basavaiah, aged 48 R/o D.No: 3-124, Illapakurru Village, Yelamancnili Mandal West Godavari District

12.T. Nageswara Rao, S/o Tathaiah, aged 48 years R/o Chinakapavaram, Akiveedu Mandal, West Godavari District.

13.Pramod Das S/o Yesupadam, aged 40 years H.No: 188/3, Hyderguda Village, Himayat nagar, Hyderabad

14.G. Venkateswar Rao S/o Bogeswara Rao, aged 25 years H.No: 2-16, Gummuluru Village, Block-2, West Godavari District

15.Variganti Poleswara Rao S/o Pitchaiah, aged 30 years H.No: 1-72, Gummuluru Village, Block-2, West Godavari District IS.Bandireddy Venkateswara Rao S/o Satyanarayana, aged 35 , - - H.No: 1-156, Saibaba Tempie street. Gummuluru village, Akividu Mandal West Godavari District

17.B. Satti Pandu S/o Satr/anarayana, aged 35 years R/o Gummuluru, Akiveedu Mandal, West Godavari District. IS.Variganti Veeraju S/o Pitchaiah, aged 28 years H.No: 3-74, Gummuluru village, Akividu mandal. West Godavari District

19.Barlanagi Nagaraju S/o Simhachalam, aged 25 years H.No: 1-60, Gummuluru village, Akividu mandal, West Godavari District

20.Metla Shankar S/o Ramesh, aged 27 years H.No: 14-3-316/17, Goshamahal Street Ward No. 14, Hyderabad AND IDBI Bank, 46-22-11, K.S.R. Complex, Danavaipeta, Park Road, Rajahmundry 533 103 East Godavari District represented by its Branch Head-cum- Deputy General Manager ..Petitioner/s ..Respondent/s / Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction particularly in the nature of Writ of Mandamus declaring the action of the respondent in taking steps for publication in any newspapers or magazines is wholly illegal, arbitrary and violative of Article 14, 19 and 21 of the Constitution of India. photographs, names and personal of our details I.A. NO: 1 OF 2013rWPMP. NO: 37220 OF 2013) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent not to publish our photographs, names and personal details of the petitioners in any newspapers or magazines. Counsel for the Petitioner(s):SRI KIRTHI TEJA KONDAVEETI Counsel for the Respondent: — The Court made the following: ORDER 1 APHC010001152013 VihWJi- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29984/2013 Between: Vegesna Vijay Kumar and Others AND Idbi Bank Counsel for the Petltioner(S):

1.KIRTHI TEJA KONDAVEETI Counsel for the Respondent:

1. The Court made the following: ...PETITIONER(S) ...RESPONDENT 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29984/2013 ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India, to declare the action of the respondents in taking steps for publication of petitioners photographs, names and personal details in newspapers or magazines as illegal and arbitrary.

2. Heard learned counsel for the petitioners and learned Standing Counsel appearing for the Respondent-Bank.

3. The brief facts of the case are that, the petitioners herein obtained loans from the respondent bank and failed to repay the same, by which the r petitioners had committed default in payment. Then the respondent bank issued letters, stating that upon failure to pay the liability amount, the names, photographs and other details of petitioners would be published in the newspaper as per the provisions of Recovery of Debts due to Bank and Financial Institutions Act, 1993 and Rules made thereunder and also under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules made thereunder.

4. The apprehension of the petitioners is that the respondent-bank is making arrangements for publication of photos and the details showing them as defaulter, contrary to the law. The Respondent Bank was provided 3 different methods of recovery but not permitted to recourse to publication as contemplated. In the event of such publication shov\/ing petitioners details, their reputation in the society will be badly affected, therefore, the present writ petition is filed.

5. It is further stated that W.P.No.6849 of 2014 has been filed and interim directions were granted by this Court on 10.03.2014 directing the respondent-bank not to publish any photographs of the petitioner. The petitioners sought similar relief in this writ petition also.

6. In the present writ petition, this Court vide order dated 17.10.2013 has granted interim direction, directing the Respondents not to publish the photographs of the petitioners in the newspapers, while giving liberty to the respondents to take action in accordance with the provisions of Recovery of Debts due to Bank and Financial Institutions Act, 1993 and Rules made thereunder and also under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules made thereunder and/or other applicable laws.

7. The above interim order granted by this Court would serve purpose in this writ petition and no further orders are required. However, it is made clear that the respondent-bank is at liberty to take appropriate steps under SARFAESI Act, for recovery of the outstanding amount from the petitioners and the respondent-bank is directed not to publish the photographs of the borrowers and guarantors in the news papers and also his details as it is s r r 4 violative of fundamental right of privacy guaranteed under Article 21 of the Constitution of India, except following due process of law.

9. With the above observation, this writ petition is disposed of. No costs As a sequel, miscellaneous petitions if any, pending in petition stand closed. ) AO //TRUE COPY// SECTION OFFICER To,

1. IDBI Bank, 46-22-11, K.S.R. Complex, Danavaipeta, Park Road, Rajahmundry 533 103 East Godavari District represented by its Branch Head-cum- Deputy General Manager

2. One CC to SRI. KIRTHI TEJA KONDAVEETI, Advocate [OPUC]

3. Three C.D.Copies HIGH COURT DATED:22/10/2024 ORDER WP.No.29984 of 2013 o M MAY Jm % ^ Current 6ecuon Co. DISPOSING OF THE WP WITHOUT COSTS