Telangana High Court
WP/4512/2026 of Narasimha Rao Kotha Vs Union of India on 3 March 2026
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 4512OF 2026 [ 3300 ] ...PETITIONER Between: AND Narasimha Rao Kotha, S/o Kotha
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRD DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 4512OF 2026
...PETITIONER
Between:
AND
Narasimha Rao Kotha, S/o Kotha Sambasiva Rao, Age- 41 Years, Occ- Job Searching, Rl/o Plot No. 105, Ground Floor, Akshara Sai Nilayam, Sri Sai Nagar Colony, KPHB Colony, Kukatpally, Hyderabad, Telangana - 500085.
1. Union of lndia, Represent by its Secretary, Ministry of Finance, New Delhi
2. Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6-1- 65, Secretariat Road, Saifabad, Hyderabad - 500004.
3. HSBC, Rep. by its Principal Nodal Officer, NESCO lT Park Bldg 3, 9th Flr, Nesco Complex, Western Express Highway' Goregaon (East)' Mumbai - 400063
4. SBI Cards and Payments Services Private Limited, Rep by its Principal Nodal Officer, DLF lnfinity Towers, Tower C, 10th-12th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon -122002 (Haryana).
5. lclcl Bank Limited, Represented by Principal Nodal Officer, Bandra -Kurla Complex, Mumbai - 400051
6. Bajaj Finance Limited, Rep. by lts Principal Nodal Officer A-wing 2nd Floor, Mantri Business Park, Viman Nagar, Pune, Maharashtra - 411014
7. Kotak Mahindra Bank, Rep. by its Principal Nodal officer, Kotak lnfiniti, 4th floor, Zone 1, Bldg No. 21 , lnfinity Park, General AK Vaidya Marg, Malad (E)'
Mumbai - 400097.
8. RBL Bank Limited.,, Rep. by its Regional Nodal Officer D.No' 6-3-865, Ground Floor, Home Jupally, Opp. to Green Park Hotel, Green Lands, Hyderabad - 500016
9. HDFC Bank Limited, Represented by its Nodal Officer 8th Floor, HDFC Bank House, Road No.1, Banjara Hills, Hyderabad - 500 034
lO.Hero Fincorp Limited, Rep. by its Regional Officer, Mid Town Building' Regus First Floor, Road No. 1, Banjara Hills, Hyderabad, Telangana - 500034.
11.Axis Bernk Ltd, Represented by its Nodal Officer Hyderabad Circle Office, Abhinandan Towers, 6-3-24913, Road No.1, Banjara Hills, Hyderabad - 500034
I2.BOBCARD Limited, Rep by its Principal Nodal Officer,2nd Floor, Baroda House, Behind Dewan Shopping Center, S.V. Road, Jogeshwari (West), Mumbai- 4O0 1021
...RESPONDENTS
Petition :nder 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 in the nature of Writ of Mandamus, declaring the action of respondent Nos. 3 to 12 in attempting to recover amourts from the petitioner in an arbitrary, illegal, and high-handed manner without followirrg the due process of law and in blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 bearing No. RBll2O22-231 1OB, DOR.ORG.RErl.65/21.04.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles '14, 1 €t, and 21 of the Constitution of lndia, and consequenfly direct the respondent auihorities to reirain from undertaking any coercive or unlawful recovery measures against the petitioner and to strictly comply with the due process of law and the afonrsaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 12, their agents, recovery agents, executives, managers, or any person a,:ting on their behalf from engaging in any acts of intimidation, harassment, humiliation, or intrusion into the privacy of the petitioner or his family members, referees or friends, including persistent or anonymous calls, threatening messages, or physical visits to the petitioners premises, and further direct respondent No. 2 to enforce the said RBI circular in letter and spirit and to initiate appropriate anrl stringent action against the errant officials of respondent Nos. 3 to 12 for violatingl legal norms, and pending disposal of the writ petition, direct the respondent Nor;. 3 to '12 not to resort to any coercive measures against the petitioner except through laMul means and in strict adherence to the Circular dated
12.O8.2022.
Counsel for the Petitioner: Ms. THAKUR MANASWINI SINGH, REp.
SRI BONTHU LOKESH PHANINDRA REDDY,
ADVOCATE
Counsel for the Respondent No.1: SMT N.V.R.RAJYA LAKSHMI, SC, REPRESENTING SRI N.BHUJANGA RAO
DEPUTY SOLICITOR GENERAL OF INDIA
Counsel for th,e Respondent No.2 to 12: -NONE APPEARED-- The Court made the following: ORDER
IN TIIE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAXA
WRIT PETITION No.4512 of 2026
o3.o3.2026
Between:
Narasimha Rao Kotha
...Petitioner
AND
Union of India,
Represented by its Secretary,
Ministry of Finance, New Delhi & 11 others
...Respondents
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ORDER:
Heard Ms.Thakur Manaswini Singh, learned counsel representing Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner and Smt N.V.R.Rajya Lakshmi, learned Standing Counsel representing Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, for respondent No. 1. Perused the record.
2. Despite respondents. servlce of notice, none appeared for remaining
?
3. 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.18913 of 2024, dated 22.08.2024 and therefore, the same order may 'ce passed in this writ petition as well. ,lhe operative portion of the said order reads as under: "8. In view of the above circulars, this Court cleems it appropriate to direct the respondents to €nsure that the agents engaged by them for recovery of the loan amounts, shall strictly follow the guidelines and instructions issued by the Fleserve Bank of India and also the judgments of the Honble Supreme Court in ICICI Bank Ltd Vs. f'rakash Kaur's case (1 supra) and ICICI Bank Vs. Sihanti Devi Sharma's case (2 supra).
9. With the above direction, the writ petition is disposed of. No costs."
4. Learne,d Standing counsel for the respondents has no objection.
5. Accordingly, in terms of the order passed by this Court in W.P.No.1891.3 of 2024, dated 22.08.2024, and for the reasons alike, this rizrit 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 Honble
Supreme court in ICICI Bank Ltd. v. Prakash Kaur'rs case and IcIcI Bank v. shanti Devi sharma'2s case, while recovering ttre loan amounts from the petitioner. No costs Pending miscellaneous applications, if any, shalt stand closed. REDDY SD'. A. SREENIVASA ANT REG /,TRUE COPY/' SECTION OFFICER To,
Mumbai - 400051 Limited, A-wing 2nd Floor' Mantri
6. The PrinciPal Nodal Officer, Baiaj Finance Business Park' Viman Nagar, Pune , Maharashtra - 411014
7. The PrinciPal Nodal Officer' Kotak Mahindra Bank, Kotak lnfiniti, 4th floor' Zone 1, Bldg No. 21, lnfinitY Park, General AK VaidYa Marg, Malad (E)' , Y;J::r"Lt1l'?J;d grl'"-'rlfr- aan* Limited'' P:No 6-3-865' Ground Froor' Home Jupally, opp. to Green prr[iioi"i, ci""n uaJs'-Hyderabad - 500016 g.TheNodalofficer,HDFCgun!.Limited,SthFloor,HDFCBankHouse,Road No.1, Baniara ililit' r-ryo"rabad - 500 034 lo.TheRegionalofficer,Hero.FincorpLimited,JvlidTownBuilding,RegusFirst Floor, Road NJ'i']i'niui" Hnr'' ii;dil;J; Telangana - 500034' | (2007) 2 SCC 7 Lr , (2008) 7 SCC 532 I \
11. The Nodal Officer, Axis Bank Ltd, Hyderabad Circle Office, Abhinandan Towers, 6-3-24913, Road No-1, Banjara Hills, Hyderabad - 500034.
12. The Principal Nodal Officer, BOBCARD Limited, 2nd Floor, Baroda House, Behind l)ewan shopping center, s.V. Road, Jogeshwari (west), Mumbai- 400 102'
13. one cc to sRl BONTHU LOKESH PHANINDRA REDDY, Advocate topucl
14. one cc to sRl N.BHUJANGA RAo, DEpury soltctroR GENERAL oF lNDIA, High court for the state of relangana at Hyderabad topucl
15. Two CD 3opies BSR GJP il l;t
t,: \ HIGH COX..,RT DATED: Ct310312026
ORDER
WP.No.45i12 ot 2026 oR THE S T4 1 2 u[R 2r}2fr
,1:". * ,%rc ( ,J l! -t. z,.'\,t\ . \.) DISPOSING OF THE WRIT PETITION, WITHOUTCOSTS t I