Telangana High Court

WP/1759/2026 of Manglillpally Pochiah Ganesh Vs Union of India on 21 January 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 1759 OF 2026 Petition Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original J urisdiction)

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 1759 OF 2026

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 Between:

Manglillpally Pochiah Ganesh, S/o l\,4anglillpally- Pochaiah, Ag9 3^2. years, Occ ; pfrot]oqiapn'er, R/o 8-6-68, Gangaputra Colony, Itilahankali Temple, Old Bowenpally, VTC. Tirumalagiri, Hyderabad Telangana- 500009.

.....PETITIONER

AND

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

2. Reserve Bank of lndia (RBl), Represent by its Chief General [\/anager, 6, Sansad lvlarg, New Delhi - '1 10001.

3. RBL Bank Ltd, Rep by its Principal Nodel Officer One World Centre, Tower 28, 9th Floor, 841, Stinapati Bapat tvlarg, Lower Parel West, Mumbai - 400

013, lndia.

4. lclCl Bank Ltd, Principal Nodal Officer lClCl Bank Ltd., Bandra-Kurla Complex, Mumbai - 400051, lNDIA.

5. SBI Cards and Payments Services Private Limited, Rep by its-Principal Nodal Officer, DLE lnfinity Towers, Tower C, 10th-'1 2th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon -122002 (Haryana).

6. IDFC FIRST Bank, Rep by its Nodel Officer 1-10-631111, Veer Chambers, 'Chikoti Gardens, Begumpet, Hyderabad - 500016.

7. lndusind Bank Limited, Rep. by its Principal Nodal Officer' OPUS Center'.47, Centrat Road, Opp. Tunga Paiadise Hotel MIDC, Andheri (East), tMumbai -

400093.

8. BOB Card Ltd, Rep by its Nodel Officer Bank of Baroda, Head Office' 7th

- Ffoor, Baroda'Bhavari, R C Dutt Road, Alkapuri, BARODA - 390007, (Gujarat)

lndia'

.....RESP.NDENTS

\

WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

pleased to issue an appropriate Writ, Order, or Direction, n r nature of Writ of Mandamus, declaring the action of respc r attempting to recover amounts from the petitioner in an arbitr handed manner without following the due process of law anc the Reserve Bank of lndia Circular dated 12.08.2022 be, 23l1OB, DOR.ORG.REC.65121.04.15812022-23, and further c of respondent No. 2 in enforcing the Said Circular as unconst of Articles 14, 19, and 21 of the Constitution of lndia, and co respondent authorities to refrain from undertaking any c recovery measures against the petitioner and to stricfly :

process of law and the aforesaid Circular in all recovery prot restrain respondent Nos. 3 to 10, their agents, recover)

managers, or any person acting on their behalf from eng; intimidation, harassment, humiliation, or intrusion into the pr r or his family members, referees or friends, including pers i calls, threatening messages, or physical visits to the petiti:

further direct respondent No.2 to enforce the said RBI Circr_l and to initiate appropriate and stringent action against ilr respondent Nos. 3 to 1Ofor violating legal norms, and pendir r petition, direct the respondent Nos. 3 to 10not to resort to an, against the petitioner except through tawful 'mans and in str Circular dated 1 2.08.2022.

re particularly in the

dent Nos. 3 to 10in

rry, illegal, and high-

n blatant violation of

ring .No. RBll2022-

-.claring the inaction

utional and violative

rsequently direct the

rercive or unlawful

rmply with the due

?edings, and fu rther

agents, executives,

ling in any acts of

acy of the petitioner

,tent or anonymous

rer's premises, and

rr in letter and spirit

r errant officials of

disposal of the writ

coercive measures

:t adherence to the

Counsel for the Petitioner : SRI BONTHU LOKESH PHANlNt RA REDDy Counsel for the Respondent No.1 : SRI N.BHUJANGA RAO )EpUTy SOLICITOR GENERAL OF INDIA

Counsel for the Respondent Nos.2 to 8 : - The Court made the following ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.L759 of 2026

Between:

Mang1illpa11y Pochiah Ganesh

.. . Petitioner

AND

Union of India,

Represented by its Secretaqr,

Ministry of Finance, New Delhi & 7 others " ..Respondents

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ORDER:

Heard Sri Bonthu Lokesh Phanindra Recidy, learned counsel for the petitioner and Sri N.Bhujanga Rao, learned Deputy Soiicitor General of India, for respondent No.1. Perused the record.

2. When the matter is taken up for hearing, learned counsel for petitioner submitted that the issue iaised in Lhis Writ Petition is squarely covered by the order passed by this Court in W.P.No.189 13 of 2024, dated 22.O8.2024 ald therefore, the same .,,/ 2\.Ot.2026

order may be passed in this writ petition as we tl. The operative portion of the sard order reads as under: "8. In view of the above circulars, t deems it appropriate to direct the respr ensure that the agents engaged b.v recovery of the loan amounts, shall str i the guidelings and instructions isstr,r Reserve Bank 1of India and also the jr-r,1 the Hon'ble Supreme Court in ICICI Ban Prakash Kaur'd case (1 supra) and ICICI Shanti Devi Sharma's case (2 supra). -ris Court ndents to the m for :tly follou, t b1, thc lments of k Ltd Vs. Bank Vs.

9. With the above direction, the writ retition rs disposed of. No costs.".

3. Learned Deputy Solicitor General of Inclir lor respondent No.1 has no objection.

4. Accordingly, in terms of the order passed )y this Court in W.P.No.1B9 13 of 2024, dated 22.08.2024, anc lor the reasons alike, this writ petition is disposed of directir-r _: the re spondent authorities arid their agents to scrupulo - sly follon, the guidelines/ instructions issued by the Reserve Bir rk of Indra in its Supreme Court in ICICI Bank Ltd. v. Prakash I laur'1s case and ICICI Bank v. Shanti Devi Sharma'2s case, wL i e recovering the loal arnounts from the petitioner. No costs. t (2001) 2 scc 71t , (2008) 7 SCC 532 \ Circular dated 12.08.2022 and also the judgn ents of Hon'ble

Pending miscellaneous applications, if any, sha_ll stand c1o sed. sD/-c. DE ASSISTANT R TRAR //TRUE COPY// SECTION OFFICER The Secretary, Union of lndia, Ministry of Finance, N Delhi

2. The Chief General N4anager' Reserve Bank of lndia R l), 6, Sansad trilarg ' To

1. New Delhi - 1'10001

3. The PrinciPal Nodel Officer, RBL Bank Ltd, One World Centre, Tower 28, 9th Floor, 841 , SenaPati Bapat Marg, Lower Pa rel West, ttlumbai - 400 013, lndia

4. The Principal Nodal Officer, lClCl Bank Ltd, lClCl Bank Ltd.. Bandra-Kurla Complex, Mumbai - 400051 , INDIA

5. The PrinciPa I Nodal Officer, SBI Cards and PaYments Services Private Limited, DLF lnfinity Towers, Tower c, 10th-'12th Floor, Block 2, Building DLF CYber CitY, Gurg aon -122002 (Haryana)-

6. The Nodel Officer, IDFC FIRST Bank' 1-1 0-63/1 /1 , Veer Chambers, Chikoti

7. The PrinciPal Noda Gardens, BegumPet, HYd I Officer, erabad - 500016. lndusind Bank Limited, OPUS Center, 47, Central Road, OPP. Tunga Paradise HotEI II/IDC, Andheri (East)' Mumbai - 400093'

8. The Nodel Officer, BOB Card Ltd, Bank of Baroda. Head Office, 7th Floor' Baroda Bhavan, R C Dutt Road, AlkaPuri, BARODA - 390007, (Gujarat) lndia One CC to SRI BO NTHU LOKESH PHANIND RA REDDY, Advocate [OPUCI 10 One CC to SRI N BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF I lNDIA, Advocate

11. Two CD CoPies toPUCI SA GJP t--1 i l ! :

DATED:2110112026

ORDER

WP.No.1759 of 2026 :5::- i;'-'lH; or,i r)r:<.",, --.' ,- :!...,'_.,_": q o()

I JAN l rl WITHOUT COSTS. HIGH COURT DISPOSING OF THE W.P I

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