Telangana High Court

WP/4402/2026 of Balineni Mahesh Babu Vs Union of India on 12 February 2026

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Circular dated 12lOBl2O22 bearing DOR.ORG.REC.65/21.04.15812022-23, and further [ 3s001 No. RBll2O22-231 108, declaring the inaction of IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

of lndia Circular dated 12lOBl2O22 bearing DOR.ORG.REC.65/21.04.15812022-23, and further [ 3s001

No. RBll2O22-231 108,

declaring the inaction of

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(SPecial Original Jurisdiction)

THURSDAY, THE TWELFTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRIJUSTICE NAGESH BHE

Nr.] 4402

77iPn

Balineni Mahesh Babu, C/o Balineni Malyadri' Age 31 Years' Occ Pvt Emp'

R/o D.No.3-53A, Voletivaripalem Mandal, Kondasamudram' Prakasam'

Andhra Pradesh - 5231 16.

...PETITIONER

AND

1. Union of lndia, Represent by its Secretary, IMinistry of Finance' New Delhi

2.ReserveBankoflndia(RBl),RepresentbyitsChiefGeneralManager'6-1- 65, Secretariat Road, Saifabad, Hyderabad - 500004'

3.HDFoBankLimited,RepresentedbyitsNodalofficerSthFloor,HDFCBank House, Road No.1, Banjara Hills, Hyderabad - 500 034

4. lclcl Bank Limited, Represented by Principal Nodal officer, Bandra-Kurla Complex, Mumbai 400051

5. Axis Bank Ltd, Represented by its Nodal officer Hyderabad circle office, Abhinandan Toweis, 6-3-249t5, Road No 1, Banjara Hills, Hyderabad -

500034.

...RESPONDENTS

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 in the nature of writ of Mandamus, declaring the action of respondent Nos. 3 to 5 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high-handed manner without following the due process of law and in blatant violation of the Reserve Bank respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles 1 4, 19, and 21 of the Constitution of lndia, and consequently direct the respondent authorities to refrain from undertaking any coercive or unlawful recovery measures against the petitioner and to strictly comply with the due process of law and the afores:rid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 5, their agents, recovery agents, executives, managers, or any person acting on their behalf from engaging in any acts of intimidation, harassment, humiliation, or irtrusion into the privacy of the petitioner or his family members, referees or friencls, 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 Land to initiate appropriate and stringent action ilgainst the errant I officials of respondent Nos. 3 to 5 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 5 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular daled 12lOBl2O22, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice, equity, arrd good conscience.

Counsel for the Petitioner: SRI BONTHU LOKESH PHANINDRA REDDY

Counsel for the Respondent No.1: SMT N.V.R.RAJYALAKSHMI, SC FOR CENTRAL GOVT., REP.

SRI N.BHUJANGA RAO,

DEPUW SOLICITOR GENERAL OF INDIA

The Court madr: the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.44O2 of 2o26

Dated: L2.O2.2O26

Between:

Sri Balineni Mahesh Babu

...Petitioner

AND

'thc Union clf India & 4 others

...Respondents

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ORDER:

Sri l]onthu Lokesh Phanindra RcddS', lcarltcd counsc-'l for the pctitioner and Smt. NVlt ltajyalakshmi, lciri^nccl Stancling Counscl for Central Government reprcscnting Sri N. I3hujanga Rao, learned Deputy Solicitor General of India, for respondenl, No. I .

2. When the matter is takcn up for hcarir-tg, lcarned counsi:l for petit.ioncr submit.tcC t'hat t.hc issuc raisr:d in lhis Writ I)ctition is squarely covered by the order passcd by this Court in W.l).No. 18913 of 2024, datcd 22.O8.2024 and therefore, thc samc ordt:r ma-v bc passcd in this rnrit petition as well. The operative por'-ion of the said order reads as unclcr: "8. ln view of thc above circulars, this Court deems it appropriate to direct ttre respondents to ensure that the agents engagcd by them for recovery of the loan amounts, shall strictly follow the guidclines and insl.ructions issur:cl try thc l?esr:rve I I

l []ank of lndia and also the.judgments of the Ilon,ble Siupreme Court in ICICI Bank Ltd Vs. prakash I(aur's case (1 supra)" and ICICI Bank Vs. Shanti I)evi Sharma's case (2 supra). !1. With the above dircction, the writ pctition is rlisposcd of. No costs."

Learncd Stancling counsel for respondent No.1, has no objecLion

4. Accorcingly, in terms of the order passed by this courl in w.P.No.189l3 of'2024, dated 22.o8.2024, and for thc rcasons alikc, this Writ Petition is disposed of directing the rcspondent authorities ancl their agents to scrupulously follor,v thc guidelines/instrtrctions issur:d b-y Lhc Reservc f3arrk o[ lndia in its Circular dated I2.O8.2O22 ancl also the judgments of l-lon'ble Supreme court in ICICI Bank Ltd. v. prakash Kaur'ls cas: and'IcIcI Bank v. shanti Devi sharmar2s case , vr.hile recovering the loan amounts from the petitioner. No costs. Miscellaneous petitions, if any pending, shall stand closcd A scc ltt SREENIVASA REDDY eCao8) l scc 5;* SISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER The Secrertary, Ministry of Finance, New Delhi, ion of lndia n

The chief General Manager, Reserve Bank of India (RBl), 6-1-6s, Secretariat Road, Saifabad, Hyderabad - SO0O04

3. The Nodal officer, HDFC Bank Limited, gth Floor, HDFC Bank House, Road No.1, Baniara Hills, Hyderabad _ 500 034

4. The Princ:ipal Nodar officer, rcrcr Bank Limited, Bandra-Kurra comprex, Mumbai 410051

5.

6.

7.

8. The Nodarl officer, Axis Bank Ltd, Hyderabad circre office, Abhinandan Towers, 6'3-24913, Road No 1, Banjara Hiils, Hyderabad - 500034. one cc to sRt BONTHU LOKESH PHANTNDRA REDDy, Advocate [opuc] one cc to sRt N.BHUJANGA RAo, DEpury soltctroR GENERAL oF lNDlA, High court for the state of relangana at Hvoliaoaa ropucl - - Two CD Copies BSR GJP \ 3*

HIGH COURT DATED: 1210212026

ORDER

WP.No.4402 of 2026 ittE s t 'L 12 liAR 71126 z * * DISPOSING OF THE WRIT PETITION t HOU']T COSTS @ \& qt

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