High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the .affidavit fired therewith, rhe High court may be pleased to issue an appropriate Writ,. Order, or Direction, more particularly in the nature of writ of Mandamus;rdec]drins the action of respondent Nos. 3 to 12 in attempting to recover amounts.froin the r in an arbitrary, illegal, and high- handed manner without foflowing the due process of law and in blatant violation of the Reserve Bank of rndia circurar datd 12roar2o22 bearing No. RBrD022-23t 108, DoR.oRG.REc.6sr21.04.1i}t2o22-2g, and further decraring the inaction of respondent No. 2 in enforcing the said circular as unconstitutionar and violative of Articles 14, 19, and 21 of the constitution of rndia, and consequenfly direct the respondent authorities to refrain from undertaking any coercive or unlawful recovery measures against the petitioner and to stiicfly compry with the due process of law and the aforesaid circular in all recovery proceedings, and further restrain respondent Nos. 3 to 12, their agents, recovery agents, executives, managers, or any person acting on their behalf from engaging in any acts of intimidation, harassment, humiriation, or intrusion into the privacy of the petitioner or his famiry members, referees or friends, incruding persistent or anonymous calts, threatening messages, or physicar visits to the petitioner,s premises, and further direct respondent No. 2 to enforce the said RBI circular in letter and spirit and to initiate appropriate and stringent action against the enant officiars of respondent Nos. 3 to 12 for viorating regar riorms, and pending disposar of the writ petition, direct the respondent Nos. 3 to 12 not to resort to any coercive measures against the petitioner except through -rawfur means and in strict adherence to the Circular dated 12tOBl2O22. Counsel for tfte pefitioner : SRt for the for the for the The Court made the No.l : SC FORCENTRAL ilo.7: SRI ilI.P.KASHYAP No.2TO6,8TO12: GOVERNiIENT THT HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA ORDER: Heard Mr. Bonthu Lokesh phanindra Reddy, learned counsel :.: fc^- the petitioner; learned Standing Counsel forCentral Government for respondent No.l and Mr. M.p. Kashyap, Iearned counsel for respondent No.7. Perused. the record.

2. when the matter is taken up for hearing, learned counsel for petitioner submitted that the issue raised in this Writ petition is squarely covered. by the order passed. by this Court in w.p.No.S2oo of 2024, dated 25.04.2024 and, therefore, the same ord.er may be passed in this writ petition as well. The operative portion of the said order reads as under: I I "8. ' For the aforesaid reasons and as the procedure adopted by the respondent Nos.4 to T fotr recovery of loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles 14 and 2L of the Constitution of India, this Court deems it appropriate to direct tJ:e respondents, to ensure that the agents engaged by them for recovery of the loan amounts, shall strictly follow the guidelines and instnrctions issued by the Reserve Bank of India and also the judgments of the Hon'ble Supreme Court in ICICI Baak Ltd Vs. Prakash l(aur's case (1 supra) and ICICI Bank Vs. Shauti Devi Sharma's case (2 supra). 9. With the above said direction, petition is disposed of." the writ - 2

3. Learned Standing counsel did not dispute the submissions of learned counsel for the petitionei..

4. In terms of the order passed by this court in w.p.No.S2oo of 2024, dated'25.04.2024, and, for the r€asons alike, this writ petition 'is disposed of directing the respondent authorities to scrupulously follow the guidelines/instructions in the RBI circular dated L2.o8.2o22, arld also the judgments of Honble suprerne. court in rcrcr Bank Ltd vs. Prakash Kaur and othersr rcrcr Bank vs. "r,i Shanti Devi Sharma and othersz. Pending miscellaneous applications, il *r, shall stand closed' No costs' sol- nalnmHAR REDD' REGISTRAR I ,,TRUE COPY,, SECTION OFFICER To,

1. The Secretary,Union of lndia, Ministry of Finance, 2. The Chief Geqgq! Manager, Reserve Bank of lndia (RBl), 6, Sansad Marg, Delhi.

3. One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate. [OPUCI 4. One CC to SC FOR CENTRAL GOVERNMENT. TOPUCI 5. One CC to SRI M.P.KASHYAP, Advocate. TOPUCI 6. Two CD Copies. BSK PSK 4 / t HIGH COURT DATED:1411112025 (i (J * 'l 5 HAR 2026 * ORDER WP.No.30423 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS J n\I*