The High Court · 2025

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13. HERO FIN(l{)Rp Ltd, Rep. by it's Authorized officer 34 community centre, Basant Lok \,, asant Vihar. Ner^i Oerni_l r OOSi - - "' 14 HDB FINANOE. t\4adhusudan Estate, Ground Floor, p B Marg, Lower parel, West Munrbra i-400 013. ... RESPONDENTS Petition unrierr Articre 226 of the constitution of rndia preLying that in the circumstances sta t lc in the affidavit fired therewith, the High court may bq pleased to issue'/\'rit, order or Directron more particurarry one in the nature of writ of N/andamus '.Decraring the inaction of respondent Nos.3 t,5 in not taking any action on the r:c,rnpraint dated 21 .02 2025 against the responcrent Nos.6 to 14 for the illegal crrrnrnar acts committed in accordance with raw and 2.decraring the action of the resp.rdent Nos.6 to 14 in high handedry, arbitrariry and ilegary trying to recover th() amounts from the petitioner by nor folowingc ircurar dated 12082022 vide: RBUzo22-23t 1oB, DoR.oRG REC.65/ 21 )4.1s8r2022-2a issued by responclent no.3 or any due process of raw and the inaction of the respondent no 3 t. regitimatery protect the interest of the petitroner by dury enforcing circurar dated 12.08.2022 vide RBU 2022- 23r1ol, oR.oRG.REC, 65121 .04.158r 20212-23 as iilegar, arbitrary and unconstitutionar f cr viorating Art 14, 19, and 21 of tu.- constitution of rndia and 3.direct the respond,int Nos.6 to 14 to follow crrcurar da ed 12.08.2022 vide RBrt2o22-23r 108, DoR. oRG.REC.6s1 21 .04 15812022-23 issued by respondent no.3 and 4.direct the rest,ondent no.3 ta duly enforce the cir:rrar dared 12.08.2022 vide RBU2o22-23t 108, DoR.oRG, REC.65/ 21.04.1s8t,2ct22-2 to protect the interests of the petitioner against the respondent Nos.6 t. 14 and S.direct the respondent no.3 to take strngent action against the errant offrciar of the respondent Nos.6 to -r4 in unrawfurly, ilegaly and arbitrarily taking to recover the amounts from petitioner without follrtwrng any due process of law. . lA NO: 1 oF 2025 Petition under tection '151 cpc praying that in the circumstances stated in the affidavit fired rn s urpport of the petition, the High court may be preased to direct the respondert Nos.6 to '14 not to take any coercive measuros against the petitioner without fo,ovrng due process of raw and mandatoriry for.wing circurar dated 12.08.2022vide RBll 2022-23t108, DOR.ORG REC 651 21 .04 15Bl 2022-2 issued by respondent no.3 pending disposal of the writ petition. Ciiunsel for the Petitioner : SRI K.RAGHAVENDRA REDDY Counsel for the Respondents No.1,3,4,&5: GP FOR HOME counsel for the Respondents No.2: :.Ti,HItrJ,?._r#L=* KUMAR, DY.SOL.GENERAL Counsel for the Respondents No.6to14 : The Court made the following: ORDER ,/,,, THE IION'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.7133 of 2o25 ORDER Heard lr:arned counsel for the petitioner, learned Governmenl l)l:ader for Home appcaring for respondenr Nos.1, 4 & 5, Sri A. S.V asr.rdevan, learned counsel appearing on Lreh alf of Sri Gadi Praveen .iumar, learned Deputy Solicitor Genelal appearing for responderr: No.2, and with the consent of the lcarnerl counsel appearing for rhe respective parties, the writ pctitton is taken up for hearing arL,, disposal at admission stage.

2. Havinq rr:gard to the nature of lis invoh,ed in thc Writ Petition and t.he lnanner of disposal, this Court is of the vieu, that nolice to t'e ,.; tondent Nos.3, 6 to 14 is not necc:;sary for adjudicatior oI Lhe present Writ Petition.

3. Shorn of unnecessary details, the case of thc peti:ioncr, in brief, is thar he had availed financial assistance from respondent Nos.6 to 1zl artrl had defaulted in repayment of the same c ue to his financial pos;ir-i o,'i.

4. It is r hr: furthe r case of the petitioner that though he is r.r'illing to clear'the outstanding dues to respondent Nos.6 to 14, if only some tinrc rs granted, the said respondents, u.jthou,, heeding to his request ilrd contrary to the circulars issued by thL: Reserve 2 Bank of Inida-3d respondent, dL.l2.Og.2O22; are harassing the petitioner by visiting his house and also threatening him by using recovery agents, thereby causing grave injury to his mental health.

5. Petitioner further contends that he had approached the 4th and Sth respondents and lodged a complaint on 21.O2.2O25, and in spite of the aforesaid complaint being made, the harassment by the recovery agents engaged by respondent Nos.6 to 14 is continuing uninterruptedly.

6. Per contra, learned counsel appearing on behalf of learned Dy. Solicitor General appearing for respondent No.2 submits that the 3'd respondent has put in place Ombudsman system, and the petitioner can seek redressal of his grrevance by approaching the said forum, if he is of the view Lhat the respondent Nos.6 to 14 are acting contrary to the circulars issucd by it.

7. I have taken note of the respective submissions made.

8. Admittedly, the petitioner l-rad availed various loans from respondent Nos.6 to 14 including the cash wilhdrawals on Credit Cards issued by the said respondents, and on the petitioner failing to repay the amounts, respondent Nos.6 to 14 having initiated action. 3

9. Thougli tl-re respondent Nos.6 to 14 are entitlecl to recover thc an'rounls Cue from the petitioner, such recoveries are to be made as per' . he guidelines and circulars issued by the r.espondent NO.3 and cilllrot resort to causing intimidation or har:rssment of an1'kind eith:r by themselves or through recovery: agcn[s engaged br Lhem.

10. Sincr:, lhe petitioner alleges harassment being meted out at the hands oi :(lcovery agents engaged by respondent Nc,s.6 to 14, this Court is ot- the view that the petitioner should be rr legated to avail Lhc rcr.nr:t11. of approaching the Ombudsman cstalrlished by Lhe 3.d respcnclent, bringing to the notice of the said arrthority of thc highharrled action by the recovery agenrs en3aged by responde,t Ir: s;.6 to 14 ancl the harassment being metecr out to him for recc,v,lt ing the amounts due from him. 1 1 . Subject to the above observation, the Wrrt p,:tition is disposed of. Ir o order as to costs.

12. Con sc<1u ,r "ltly, miscellaneou s petitions, if ar_rv, p< nding thesc u.rit pr:tir, ons shall stand closed. 1n i' \ To, //TRUE COPY// SD/-K. SREE RAMA MURTHY TY REGISTRAR ffi' ' \) C]IION OFFICER

1. The Princrpal {iecretary, Home Department, Secretarrat State cf Telangana, Hyderabad.

2. The Secretarv l\/inistry of Finance, Union of lndia, New Delhi 3. The Chief Genr:ral [Vlanager, Reserve Bank of lndia, 6, Sansad Marg, New Delhi -1 .10001

4. The Superintc, - dent of Pqlice, Nalgonda District, Nalgonda *. aa*?:':r' -:'.' "::''- 1. - ::[email protected]{Yga-l 3@rrw / \

5. The Station House Officer, ll Town police Station, Nalgonda, Nalgonda District

6. One CC to SRI K.RAGHAVENDRA REDDY, Advocate. IOPUCI 7. One CC to SRI GADI PRAVEEN KUMAR, (Deputy Soticitor Generat of lndia). High Court for the State of Telangana at Hideiabad. [OpUCl

8. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 9. Two CD Copies. BSK BS +y HIGH COUR DATED:1010.312025 a lHE S'4 ( o 26 thI.B ZW5 ( ( c' I I ORDER WP.No.7133 of 2025 DISPOSING (fF THE WRIT PETITION WITHOUT CoSTS