Telangana High Court
WP/1979/2026 of Irfana Fathima Vs Union of India on 23 January 2026
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 1979 OF 2026 [ 3300 ] Between: lrfana Fathima, C/o Syed Kaleemoddin, Age 58
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE TWENTY THIRD DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 1979 OF 2026
Between:
lrfana Fathima, C/o Syed Kaleemoddin, Age 58 years, Occ ; Business, Fyo 3-9- 1g2l1tN2, Waddera C<itony, Medak, Telangana-5O2110. Pan No AFVPF6004M.
.....PETITIONER
AND
1. Union of lndia, Represent by it's Secretary, t\,4inistry of Finance, New Delhi.
2. Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - 110001.
3. Unity Small Finance Bank, Rep by its PrrncipqLNodal Officer, at Rqpg Ren-aissance, 13th Floor, 1302/8 Wing, D-33 Turbhe tvllDC Road, TTC
lndustrial Area, Navi Mumbai, lVlaharashtra - 400 705.
a. Bajaj Finance Limited, Rep by its Principal Nodel Officer, A-wing.2.nd Floor, Mdniri Business Park, Viman Nagar, Pune, [ilaharashtra '411014.
5. IDFC FIRST Bank, Rep by its Principal Nodal Officer'l-10-63/ 1/1 , Veer Chambers, Chikoti Gardens, Begumpet, Hyderabad - 500p16.
6. Kisetsu SaiSon Finance (lndia) Private Limited, Rep by its Nodal Officer' Unit no 301, 3rd Floor, Mantri Avenue, KHB Games Village, Koramangala, Bengaluru, Karnataka 560047.
7. PayU Finance lndia Service Pvt Ltd, Rep by its Nodel Officer Wallace Towers, Sei:ond Floor, Crossing of Sahar Road, Vile Parle East, Mumbai, lVlaharashtra, 400057.
B. Niyogin Fintech Ltd, Rep by its Nodal Officer Neelkanth Cory91qt9 lT Park, 31'1t512,3rd Floor, Kirol Road, Vidyavihar (W), Mumbai - 400086.
9. Shriram Finance Limited, Rep by its Principal Nodal Officer, Shriram Finance Limited, 144, Santhome High Road, Chennai-600004, Tamil Nadu, lndia.
.....RESPONDENTS
Petition Under Article 226 of the Constitution of lnd i praying that in the circumstances stated in the affidavit filed therewith, the ligh Court may be pleased to issue an appropriate Writ, Order, or Direction, rrc re particularly in the nature of Writ of [,4andamus, declaring the action of resp: rdent Nos. 3 to 9in attempting to recover amounts from the petitioner in an arbit. ry, illegal, and high- handed manner without following the due process of law anc n blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 beari g No. RBt/2022-23l 108, DOR.ORG.REC.65/21 .O4.15812022-23, and further de; aring the inaction of respondent No. 2 in enforcing the said Circular as unconstitrri onal and vrolative of Articles 14, 19, and 21 of the Constitution of lndia, and cc r sequently direct the respondent authorities to refrain from undertaking any c tercive or unlawful recovery measures agalnst the petitioner and to strictly c rmply with the due process of law and the aforesaid Circular in all recovery prc r eedrngs, and further restrain respondent Nos.3 to 9, their agents, recover) agents, executives, managers, or any person acting on their behalf from eng i ging in any acts of intimidation, harassment, humiliation, or intrusion into the pri acy of the petitioner or his family members. referees or friends, including pen; ;tent or anonymous calls, threatening messages, or physical visits to the petit ( ner's premises, and further direct respondent No. 2 to enforce the said RBI Circt ar in letter and spirit and to initiate appropriate and stringent action against 1l 3 errant officials of respondent Nos. 3 to gfor violating legal norms, and pend irr, disposal of the writ petition, direct the respondent Nos. 3 to Snot to resort to a I , coercive measures against the petitioner except through laMul means and in st ic! adherence to the Circular daled 1 2.08.2022.
Counsel for the Petitioner : Ms. THAKUR MANASWINI SIN: H, ADVOCATE FOR
SRI BONTHU LOKESH PHANINDRA REDDY
Counsel for the Respondent No.1 : SRI,G.VENKATESHWAF LU, SC FOR
CENTRAL GOVT
Counsel for the Respondent Nos.2 to 9 : -- The Court made the following ORDER
I
\
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A - WRIT PETITION No.1979 of 2026
Dated: 23.O1.2026
Between:
Ms. Irfana Fathima
, ..Petitioner
AND
'lhe Union of India & 8 others
...Respondents
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ORDER:
Ms. Thakur Manaswini Singh, Icarncd counscl rcpresenting Sri Bonthu Lokesh Phanindra Reddy, learncd counscl lor thc pctrtioncr and Sri G. Venkateshvarlur, Iearned Standing Counsel lor Ccntral Government, for rcspondent No. 1.
2. When the.matter is taken up for hearing, learncd counsel for petitioner submitted that the issue raised in this Writ PcLition is squarely covered by the order passed by this Court in W.P.No. 18913 of 2021, dated 22.08.2024 and therefore , the same order may bc passed in this writ petition as well. Thc operative portion o[ t]re said ordcr reads as under: "8. In view of the abor.e circulars, this Court deems it appropriate to dircct the responctenls to I
ensLlle that the agents e or lhc ]o;;'';:';;:J"qic* bY them ,r recovery guidelirres "ro -ir"*.",i^"."11" strictl-r lollow rlrn Ba n k o r r n d i " ; "; :' i ;' i';fi , l"_Hi, "o:,' :.^ I :"_. * " ffli,s,r*.ii : JH""?. t?"1 {:U'=,# l;^^^ o,ith^ thc 26or. direction, orsposc,l ol No costs.,, Miscellaneous petitions, if any pending, the wrir retition is 3, I-earncd Starrding Counsel for respondent No. 1 . I as no objcction.
4. Accordingly, in terms of the order passecl t r this Courr in W.P.No. I 8913 of 2024, dated 22.Og.2024,and for thr. , rztsor.rs alikc, rhis writ pctition is disprscd of directing the respondent aut roriries ancr their agents to scrupulouslr. follow the guidelines/ instruc tio Ls issucd by thc Reselc Bank of lnriia in its Circular dated 12.0g.!)() ,! - r,6 also thc judgmcnls of FIon,blc Supreme Court in ICICI Bank ,,td. v. prakash Kaur'rs case and ICICI Bank v. Shanti Devi Sharnr r,2s case, while recovering the loan amounts from the petitioner. No cosr 1(2007 2(2008
) ) Scc 711 scc 532 The Secreta ry, Union of lndia The Chief General Manager, R New Delhi - 1 1 000.1 shall st Lncl clo st:cl. SD/- A I,ABDULLA KHA E N- //TRUE COPY// s S'r \NT REGIS TRAR To CTION OFFICER
Ministry of Finance N D,: ri eserve Bank of lndia( l),t,SansadMarg, The Principal Nodat Officer Unity Small Finance Bank, at - tpa Renaissance. 13th Floor 13O2lBWing,D-33 Turbhe MIDC Mumbai, Maharashtra - 400 705 ,] Road, TTC trr, ustrialArea, Navi I
The Principal Nodel Officer, Bajaj Finance Limited, A_wing 2nd Floor, Mantri Business Park, Viman Nagar, puhe, Maharashtra - 411 01 4. The Principa-l Nodeal Officer, IDFC FIRST Bank, 1-.10-63/ 1/1 , Veer Chambers, Chikoti Gardens, Begumpet, Hyderabad - 5000i6. The Nodal Officer, Kisetsu Saison Fihancs(lndia) private Limited, Unit no 301, 3rd Floor, Mantri Avenue, KHB Games Village, Koramangala, Bengaluru, Karnataka 560047. The Nodel Officer, Pay Finance lndia Service pvt Ltd, Wallace Towers, Second Floor, Crosshg of Sahar Road, Vile parle East, lrr,lumbai, Maharashtra, 400057. Ilq.lp^0"] Officer, Niyogin Fintech Ltd, Neetkanth Corporate tT park, 3111312,3rd Floor, Kirot Road, Vidyavihar (W), Mumbii _ 400086, The Principal Nodal Officer, Shrirarir Finanie Limited, Shriram Finance Limite^d. 144, Santhome High Road, Chennai-600004, Tamil t,taOu, tnOra. one CC to SRI BONTHU LOKESH PHANtNDRA REDDY, Advocate IOFUCI One CC to SRI G.VENKATESHWARLU, SC FOR CENTRAL GOW, Advocate [oPUC] Two CD Copies o '10
SA GJP
I I HIGH COURT DATED:2310112026
ORDER
WP.No.1979 of 2026 DISPOSING OF THE W.P f; r ri'B ?$l$ 6 t I WITHOUT COSTS. (J I
t