The High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of wRlT OF MANDAMUS declaring the action of the respondents in not controlling ther agents who harassing the petitioner and his family by the respondents r.ros. 3 to 17 (bank authorities and financiar institutions) is illegal, arbitrary, violation of the principles of natural justice and blatant violation and as well as Rules framed under Reserve Bank of lndia and the fundamentat rights guaranteed urrder the constitution of lndia consequently direct the respondents not to harass the petitioner and his family members on the ground of collecting the monthly installment dues and direct respondent nos' 3 to 17 to follow circular dated 12.O8.2',.O22 vide R}lt2o22-23t 108, DOR'ORG' REC'65/21'04'15812022-23 issued bY resrcondent no.2' Counsel for l:he Petitioner: SRI M' KESHAV YADAV Counselforthe Respondent No 1: SRI N' BHUJANGA RAO' - OEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No 10: SRI R' MANGULAL : : : :. t a I I I counsel for the Respondent No 15: SRI G. RAMA MANOJA counsel for the Respondent No 17: SRt M. DEVENDER REDDY counsel for the Respondents No 2 To 9, {1 To {4 & 16 : -------- NONE APPEARED The Court made the following: ORDER i I I THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION o.28LO4 of 2o25, ORDER: Heard Sri M.Keshav Yadav, learned counsel for petitioner, Sri N.Bhujanga Rao, Iearned Deputy Solicitor General of India, for respondent No.l, Sri R..Vlangulal, learned counsel for respondent No. r0, Sri G.Rama Manoja, Iearned counsel for respondent No.i5 and Sri M.Devender Reddy, learned counsel for respondent No.17. Perused the record. 2 Despitr: service of notice, none appeared for remaining respondents.

3. When the matter is taken up for hearing, learned counsel for petitioner sultmitted that the issue raised in this Writ Petition is squarely covered by tl-re order passed by this court in w.p.No.52o0 of 2024, dated \

25.04-2024 and therefore, the same order may be passed in this writ petition as well. The operative portion of the said order reads as under: '8. For the aforesaid reasons and as the procedure acopted by the respondent Nos.4 to T for recovery of loan anlount from the petitioner, amounts to violation of the rights gua-rarlteed under Articles 14 and 2L of the constitution of In,Iia, this court deems it appropriate to direct the re:;pondents, to ensure.that the agents engaged by them for reoovery of the loan amounts, shail strictly follow the guidelines and instructions issued by the Reserve Bank of In<lia errd also the judgments of the Honble supreme court in rcICI Bank Ltd vs. prakash Kaur's case (f supra) and ICIICI Bank Vs. Shanti Devi Sharma,s case (2 9. With thc above said direction, the writ petition is disposed of." "..pr"j. I I / / 2

4. Learned counsel for respondent Nos.l, 10, 1s and lr have no objection.

5. Accordingly, in terms of the order passed by this court in W.P.No-S2O0 of 2024, dated 25.04.2024, and for the reasons alike, this writ petition is disposed of directing the respondent authorities and their agents to scrupulously follow the guidelines/instructions issued by the Reserve Bank of India in its Circular dated 12.08.2022 and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. prakash Kaur'ls case and ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amounts from the petitioner. No costs. Pend i.g- miscellaneous ns, if any, s closed :( 2007) 2S,CC711 ' ( 2008) 7 SCC s32 \ SD/.L. VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY'/ SECTION OFFICER To,

1. The Secretary, Ministry of Finance, Union of lndia, New Delhi 2. The chief General Manager, Reserve Bank of rndia, 6, Sansad Marg, New Delhi -110001

3. One CC to SRl. M KESHAV YADAV, Advocate [OpUC] 4. One CC to SRI N. BHUJANGA RAo, DEPUTY SoLIcIToR GENERAL oF INDIA loPUCl

5. One CC to SRt R. MANGULAL, Advocate [OpUC]

6. One C;C to SRt c. RAMA MANOJA, Advocate tOpUCI 7. One OC to SRt M DEVENDER REDDy , Advocate [OpUC] 8. Two 0D Copies \ DAN BS ft. / HIGH CO,URT DATED:2611112025 \ \ ORDER WP.No.28i104 of 2025 6L STii c 1 orJ 1 B \\hfr 2[tt t t DISPOSING OF THE WRIT PETITION WITHOUT COSTS .e 9 t t ,