WP/1190/2026 of Syed Asif Ali Vs Union of India on 19 January 2026

[ 33001

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE NINETEENTH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

WRIT PETITION NO: 1'190 OF 2026

Between:

Syed Asif Ali, S/o Syed lzaj AIi, Age- 27 Years, Occ- Job Searching, Rl/o 1- 500-a, A. Narayanapram, Anantapur, Geogepet, Andhra Pradesh - 515004.

Pan Card No.CEQPA77B0P.

...PETITIONER

AND

1. Union of lndia, Represent by it's Secretary, lt,4inistry of Finance, New Delhi

2. Reserve Bank of lndia (RBl), Represent by its Chief General X/anager, 6-1- 65, Secretariat Road, Saifabad, Hyderabad - 500004.

3. Whizdm Finance Private Limited, Rep- by its Principal Nodal Officer, Survey No. 171 1A, The Address Building, Outer Ring Road, Kadubeesanahalli, Bellandur, Bengaluru, Karnataka 560087

4. AXIS Bank, Rep. by its Nodal Officer, 40-'1 -55 I VVR Square I Kalanagar I

Benz circle I Vijavawada - 522 010

...RES',NDENTS

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 Dir lion, more particularly in the nature of Writ of lVandamus, declaring the action of respondent Nos. 3 to 4 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 of lndia Circular dated 12.08.2022 bearing No. RBll2022-231

108, DOR.ORG.REC.65/21 .O4.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles '14, 19, and 21 of lhe 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 aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 4, their agents, recovery agents, executives, THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

managers, or any person acting 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 and stringent action against the errant officials of respondent Nos. 3 to 4 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 4 not to resort to any coercive measures against the petitioner except through laMul means and in strict adherence to the Circu la r d ated 1 2.O8.2022.

Counsel for the Petitioner: SRI BONTHU LOKESH PHANINDRA REDDY

Counsel for the Respondent Nos.1 & 2: SRI S.SUNIL, Sr. SC FOR CENTRAL

GOVT

Counsel for the Respondent Nos.3 & 4: -

The Court made the following: ORDER

-

IN I'HE HIGH COURT FOR THE STATE OF TELANGANA

AT EYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.119O of 2026

L9.OL.2026

Between:

Sved Asif Ali

... Pctitioner

AND

The Union of India,

Represented by its Secretary,

Ministry of Finance, New Dclhi & 3 others

...Respondents

Llcard Sri Ilonthu l,okcsh Ptr:uri;-rcira tledd1,, learned counscl for the petitioner and Sri S.Sltnil, learned Standir.rg Counsel for Central Government. Peruscd the rer:ord.

2.

When the matter is taken up lor hearing, learned counsel for petitioner submitted that the issure raised in this Writ Pctition 1S squarely covered by the order passed by this Court in W.P.No. 189 13 ol 2024, dated 22.08.2024 and therefore, the same order may be passed in this writ petition as r.l,el1. The operative portion of the said order reads as under "8. In vierv of the above circulars. this Court deems it appropriate to direct the respondents to {