Telangana High Court

WP/39116/2025 of Shaik Jeelani Vs Union of India on 8 January 2026

Cites 1, Cited by 0

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 Between: Shaik Jeelani, S/o. Shaik Qasim, Age - 41 Years, Occ ; Pvt Employee, R/o. B-3-

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

Between:

Shaik Jeelani, S/o. Shaik Qasim, Age - 41 Years, Occ ; Pvt Employee, R/o. B-3- 23112751C, Sri Krishna Nagar, Yousuf Guda, Hyderabad, Talangana - 500045, PAN

- BLMPS19328.

.....PETITIONER

AND

1. Union of lndia, Represent by it's Secretary, tvlinistry 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. HDFC BANK, Rep by its Chief Manager PN 26, 33/A and34lB, Gr Flr, Delta House, Sy No 68, Allwyn Cross Road Miyapur, Hyderabad - 500049.

4. RBL Bank, Rep. by its Chief Manager Shop no 5-4110 and 5-4111 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050.

5. lclcl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, Plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032.

6. INDUSIND Bank Limited, Rep by its Chief Manager 1-248, Upper Ground Floor, Miyapur Cross Roads, Bollaram, Telangana 500052.

7. SBI Cards and Payments Services Limited (SBl Card), Rep. by its Chief lVlanager, DLF Cyber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 12th Floor, Gurugram, HR - 122002.

B. IDFC FIRST BANK, Rep by its Chief Manager Ground Floor, Plot No 6-7, Survey No 68, Door No 1-121lKzl6-7, Nearby Athidhi Restuarant, Miyapur, Serilingampalle (M), Telangana 500049.

9. Poonawalla Fincrop Pvt Ltd, Rep. by its Chief Manager, 201 and 202,2nd Floor, APB'1 , Koregaon Park Annex, Mundhwa,Pune, Maharashtra-41 1036.

.....RESPONDENTS

I

WRIT PETITION NO: 39116 OF 2025

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 09 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high- handed manger without following the due process of law and in blatant violation of the Reserve Bank of lndia Circular dated 12.0B.2022bearing No.RBl/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 09, 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 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 09 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 09 not to resort to any coercive measures against the petitioner except through lawful means and in strict. adherence to the Circular daled 1 2.O8.2022.

Counsel for the Petitioner : SRI BONTHU LOKESH PHANINDRA REDDY

Counsel forthe Respondent No.1 : SRI N.BHUJANGA RAO, DEPUTY

SOLICITOR GENERAL OF INDIA

Counsel for the Respondent Nos.2 to 7 & 9: -- Counsel forthe Respondent No.8 :SRl B.SRIHARI

The Court made the following ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

UIRIT PETITION No.39116 of 2025

oa.oL.2026

Between:

Shaik Jeelani

...Petitioner

AND

The Union of India,

Represented by its Secretary,

Ministry of Finance, New Delhi & 8 others

...Respondents

Heard Sri Bonthu Lokesh Phalindra Reddy, learned counsei for petitioner, Sri N.Bhujanga Rao, learned Deputy Solicitor General ol India, for respondent No. 1, Sri B.Srihari, learned counsel for respondent No.B. Perused the record.

2.

Despite service of notice, none appeared for remaining respondents

3.

\l/-lren the matter is taken up for hearing, Iearned counsel for

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

1

Decisions referred to

In this index

1

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER:

- petltroner submitted that the issue raised in this Writ petition is squarely covered b-v the order passed by this Court in W.P.No.189 13 of 2024. dated 22.Og.2o24and therefore, the same orCer i-na.' be passed in this r,vrit petition as well. The operative portion of the said order reads as under: ',8 in vierv of the above circulars, this Court deems it.appropriare to direct,r,.l.Jp."ii.ri,l, * ::11." th,at. rhe asents ensas.a Uli-ir,#.-ro. recoverlr of the loan an t ne guiaeii.,e s- ;,iilli lji; ;l.ifj.J;,,rrf , [: -Reslrve Bank of India and "r". 1r,. i"i!.nllr", o, the -Hr-ln'ble Suprerne Court in ICICI Bank Ltd Vs. Prakash Kaur,s case I I =, ,.,,,i ;;;;^",:;: "t: -'_ sha"ti ;;;;";:, : u:Ji;,"x?:,j"'", Bank vs.

9. Wirh thc abor.e direcrinn rha ,.,-:, _^.i-. disposcd of. No costs.,, :ection' the writ petition ts

4. Learned counsel for respondent Nos. 1 and g have no objection

Accordingly, in terms of the order passed by this Court in W.P.No.189 l3 of 2O24, d.ated, 22.08.2024, and lor the reasons alike, this writ perition authorities and their disposed of directing the respondent agents to scrupulously follow the guidelines/ instructions issued by the Reserve Barrk of India in its Circular dated 12.08 .2O22 and IS E. also the judgments of Honble I

Supreme cour: in ICICI Bank Ltd. v. prakash Kaur,ts case al]d ICICI Bank v. Shanti Devi Sharma,2s casc, while recovering the loan amounts lrom the petitioner. No costs. Pending miscellaneous applications, if 3p1,, shall stand closed 1(2007) 2 SCC 711 2(2008) 7 SCC s32 To SA GJP SD/-P.PONNA KRISHNA AS ISTANT REGIST //TRUE COPY// ECTION OFFICER

1. The Secretary, Union of lndia, Ministry of Finance, tttev,f Oetfri.

2. The Chief General lVanager, Reserve Bank of lndidr(RBl), 6-1-65, Secretariat Road, Saifabad, Hyderabad - 500004.

3. The Chief Manager, HDFC BANK, PN 26, 33/A and 34/8, Gr Flr, Delta House, Sy No 68, Allwyn Cross Road [Vliyapur, Hyderabad - 500049.

4. The Chief Manager, RBL Bank, Shop no 5-4110 and 5-411 1 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050.

5. The Chief ltrlanager, lClCl Bank, ICICI Bank Towers, Financial Dist, Plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032.

6. The Chief fVlanager, INDUSIND Bank Limited, 1-248, Upper Ground Floor, IVliyapur Cross Roads, Bollaram, Telangana 500052.

7. The Chief Manager, SBI Cards and Payments Services Limited (SBl Card), DLF Cyber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 12th Floor, Gurugram, HR - 122002. B. The Chief Manager, IDFC FIRST BANK, Ground Floor, Plot No 6-7, Survey No 68, Door No 1-121lKzJ6-7, Nearby Athidhi Restuarant, Miyapur, Serilingampalle (M), Telangana 500049.

9. The Chief lv'lanager, Poonawalla Fincrop Pvt Ltd, 201 and 2O2,2nd Floor, APBI, Koregaon Park Annex, Mundhwa,Pune, Maharashtra-41 1036.

10. One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate [OPUC]

11. One CC to SRI N.BHUJANGA RAO, DEPUry SOLICITOR GENERAL OF INDIA Advocate [OPUC]

12. One CC to SRI B.SRIHARI, Advocate (OPUC)

13. Two CD Copies V&

HIGH COURT DATED:0810112026

ORDER

WP.No.39116 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. o 1 0 tiB 202[ i * .4<a .&#t ( i

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead