Telangana High Court
WP/715/2026 of Kathula Shiva Kumar Vs Union of India on 8 January 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO:715 OF 2026 Between: Kathula Shiva Kumar, S/o Kathula Swamy, Age. 34
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE EIGHTH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO:715 OF 2026
Between:
Kathula Shiva Kumar, S/o Kathula Swamy, Age. 34 Years, Searching, Rl/o 2-3-604/23, Patel Nagar, Ahmath Nagar, Hyderabad, Telangana - 500013. Pan Card No.BYQPKS172A
..,PETITIONER
AND
1. Union of lndia, Represent by it's Secretary, I\/inistry 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. SBI Cards and payments services limited(SBl CARDS), Represented by its Principal Nodal Officer, PO Bag 2B-GPO, New Delhi-1 10001
4. lclcl Bank, Represented by its Principal Nodal Officer, Bandra-Kurla Complex, Mumbai - 400051, INDIA
5. CapFloat Financial Services P!,t. Ltd, Represented by its Principal Nodal Officer New No. 3 (Old No. 21 1), Gokaldas Platinum, Upper Palace Orchards, Bellary Road, Sadashiva Nagar, Bengaluru, Karnataka 560080
6. Karur Vysya Bank Ltd, Represented by its Principal Nodal Officer No. 20, Erode Road, Vadivel Nagar, L.N.S., Karur - 639002.
7. AXIS Bank, Represented by its Nodal Officer Circle Office, Abhinandan Towers, 6-3-24913, Road No.1, Banjara Hills, Hyderabad - 500034.
B. IDFC FIRST Bank Ltd, Represented by its Principal Nodal Officer, 1-10- 63/1/1 , VeerChambers, Chikoti Gardens, Begumpet, Hyderabad - 500016
9. Whizdm Finance Private Limited, Represented by its Nodal Officer, Survey No. 17, 1A, The Address Building, Outer Rd, Kadubeesanahalli, Bellandur, Bengaluru, Karnataka 560087.
10. Poonawalla Fincorp Pvt Ltd, Represented by its Nodal Officer, 201 and 2O2, 2nd floor, AP81, Koregaon Park Annex, Mundhwa, Pune - 41'1036
'1 1. Landl Finance Limited, Represented by its Principal Nodal Officer, 7th Floor, Brindavan Building Plot No 177, C.S.T Road, Kalina, Santacruz (East), [\,4umbai - 400098.
'12. Hero Fincrop Limited, Represented by its Nodal Officer, A-44, Mohan Co- Operative lndustrial Estate, ltilathura Road, New Delhi - 11OO44
13.Aditya Birla Capital Ltd, Represented by its Grievance Redressal Officer, R
Tech Park, 15th Floor, Nirlon Complex, Off Western Express Highway, Goregaon East, Mumbai- 400 063.
14.Early Salary Services Pvt. Ltd, Represented by its Nodal Officer, 404, The Chambers, Viman Nagar, Pune, IVlaharashlra 411O14
...RES'ONDENTS
Occ Job
Am berpet,
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 14 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 blaiant violation of the Reserve Bank of lndia Circular daled 12.08.2022 bearing No. RBI/2022- 231108, DOR.ORG.REC.65121 .04.15812022-23, 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 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 aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to '14, their agents, recovery agents, executives, 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 petitioner's 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 14 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 14 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular daled 12.O8.2022.
Counsel for the Petitioner: SRI BONTHU LOKESH PHANINDRA REDDY
Counsel for the Respondent No.1: SRI N.BHUJANGA RAO, Deputy Solicitor General of lndia Counsel for the Respondent Nos.2 TO 14: - The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
Between:
Kathula Shiva Kumar
. . Pc ti tione r
AND
The Union of India,
Rep. by its Secretary,
Ministry of Finance,
Neu' Delhi & thirteen others
. . .llespondents
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ORDER:
F{eard Sri Bonthu Lokesh Phanindra, learned counsel lor the petitioner and learned Standing Counsel for Central Government appearing for rcspondent No.1.
2. Dcspite service of notice, none appeared for rcmaining respondcnts.
3. When the matter is taken up for hearing, learned counsel for pctitioner 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 be passed in this r,r'rit petition as rvell. The operative portion of the said order rcads as under: WRIT PETITION No.715 of 2026
08. or.2026
"8. In view of the above circulars, this Court deems it appropriate to direct the respondents to ensure that the agents engaged bl. them ibr recoverr'- of the Ioan amounts, shall strictly follow the guidelines and instructions issued by the Reserve Bank ol India anrl also thc iudgments of the Hon'ble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur's case (1 supra) and ICICI Bank Vs. Shanti Devi Sharma's case (2 supra).
With the above direction, the writ petition is disposed of. No COStS,"
4. Learned Standir-rg courlsel for rcspondent No.l has no objection
SD/. . SRINIVASA REDDY S ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER ew Delhi Pcnding miscellaneol.ls applications, if any, shail /a.ra ctos.a. (2007) 2 SCC 711 (2008) 7 scc 532 '1 . The Secretary, Union of lndia, tr/inistry of Finan
2. The Chief General lt/anager, Reserve Bank of I n (RBl), 6-1-65, Secretariat
To Road, Saifabad, Hyderabad - 500004. The Principal Nod;l Officer, SBI Cards and Payments Services Limited(SBl CARDS), PO Bag 28-GPO, New Delhi-110001
5. Accordingiy, in terms of the order passed by this Court in W.P.No.189 13 of 2024, dated 22.08.2024, atd for the reasons alike, this Writ Petition is disposed of clirecting the respondent authorities and their agents to scrupulously follorv the guidelines/ inslructions issued by the Reserve Bank of India in its Circular dated 12.O8.2022 and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'ls case and ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amounLs lrom the petitioner. No costs. \ -'-'--
4. The Principal Nodal Officer, lClCl Bank, Bandra-Kurla Complex, Mumbai - 400051, rNDtA
5. The Principal Nodal Officer, CapFloat Financial Services P\,,t. Ltd, New No. 3 (Old No. 211), Gokaldas Platinum, Upper Palace Orchards, Bellary Road, Sadashiva Nagar, Bengaluru, Karnataka 560080
6. The Principal Nodal Officer, Karur Vysya Bank Ltd, No. 20, Erode Road, Vadivel Nagar, L.N.S., Karur - 639002.
7. The Nodal Officer, AXIS Bank, Circle Office, Abhinandan Towers, 6-3-24913, Road No.1, Banjara Hills, Hyderabad - 500034. B The Principal Nodal Officer, IDFC FIRST Bank Ltd, 1-'10-63/111, Veer Chambers, Chikoti Gardens, Begumpet, Hyderabad - 500016
9. The Nodal Officer, Whizdm Finance Private Limited, Survey No. 17, 1A, The Address Building, Outer Rd, Kadubeesanahalli, Bellandur, Bengaluru, Karnataka 560087.
10. The Nodal Officer, Poonawalla Fincorp P\d. Ltd.,201 and 202,2nd floor, APBI , Koregaon Park Annex, Ivlundhwa, Pune - 41 1036
11. The Principal Nodal Officer, L&T Finance Limited, 7th Floor, Brindavan Building Plot No '177, C.S.T Road, Kalina, Santacruz (East), [,4umbai - 400098.
12. The Nodal Officer, Hero Fincrop Limited, A-44, lvlohan Co-Operative lndustrial Estate, Mathura Road, New Delhi - 110044
13. The Grievance Redressal Officer, Aditya Birla Capital Ltd, R Tech Park, 15th Floor, Nirlon Complex, Off Western Express Highway, Goregaon East, Mumbai- 400 063.
14. The Nodal Officer, Early Salary Services Pvt. Ltd, 404, The Chambers, Viman Nagar, Pune, Maharashtra 411014
15. One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate [OPUC]
16. One CC to SRI N.BHUJANGA RAO, Deputy Solicitor General of lndia [OPUC] 1 7. Two CD Cooies ,,* \P \
Il HIGH COURT DATED:0810112026
ORDER
WP.No.715 of 2026 ( THE S Ta a.) 0 2 rIB 2ll,fi a .1 ' tr,TC DISPOSING OF THE WRIT PETITION WITHOUT COSTS aj u a (. *