Telangana High Court

WP/35716/2025 of Mohammed Salman Uddin Vs Union of India on 6 January 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 35716 OF 2025 Between: Mohammed Salman Uddin, S/o. Mohammed Azeem Uddin,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE SIXTH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 35716 OF 2025

Between:

Mohammed Salman Uddin, S/o. Mohammed Azeem Uddin, Age. 33 Years, Occ - Pvt. Employee, R/o 4-6-'162, Driver Colony, Sangareddy, Medak, Telangana- 5O2OO1 PAN. DJHPM8382J.

...PETITIONER

AND

Union of lndia, Represent by its Secretary, t\ilinistry of Finance, New Delhi.

Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad [V1arg, New Delhi - 1 10001

Kotak Mahindra bank Ltd., Rep. by its chief Manager Ground Floor - Office No 103, Premier Building, Plot No 35,36,41 and 42 Survey No 76, Madhapur Village, Serilingampally, Mandal, Hyderabad, Telangana 500081.

NAVI FINSERV, Rep. by its Chief Manager, AMR Tech Park, Ground Floor, Hongasandra Village, Hosur Road, Bengaluru, Karnataka - 5600068.

Piramal Housing Finance Limited, Rep. by its Chief Manager VC Plaza, No 121612127316 to 12, 3rd Flr, Opposite BJP Office, Kukatpally, Hyderabad, Telangana 500072.

Aditya Birla Capital, Rep. by its Chief Manager, One World Center, Tower 1, 18th Floor, Jupiter Mills Compound, 841, Senapati Bapat firlarg, Elphinstone Road, Mumbai- 400091 .

Akara Capital Advisors Private Limited, Rep. by its chief manager 58, FirsJ

Floor, Arjun Nagar Kotla fi/ubarakpur New Delhi, Central Delhi DL lN 110003.

t)

...RESPONDENTS

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 tr,4andamus, declaring the action of respondent Nos 3 to 7 tn attempting to recover amounts from the petitioner in an arbitrary handed manner without following the due process of law and in the Reserve Bank of lndia Circular daled 1210812022 bearing 108, DOR.ORG.REC.65/21 .04.15812022-23, and further decla-i respondent No. 2 in enforcing the said Circular as unconstitutror Articles 14, 19, and 21 of the Constitution of lndia, and cons:

respondent authorities to refrain from undertaking any co )

recovery measures against the petitioner and to strictly co l process of law and the aforesaid Circular in all recovery proce:

restrain respondent Nos.3 to 7, their agents, recovery a!

managers. or any person acting on their behalf from engagi intimidation, harassment, humiliation, or intrusion into the pflva(

or his family members, referees or friends, including persist€

calls, threatening messages, or physical visits to the petitiort further direct respondent No. 2 to enforce the said RBI Circula'

and to initiate appropriate and stringent action against the respondent Nos. 3 to 7 for violating legal norms, and pending :

petition, direct the respondent Nos. 3 to 7 not to resort to any:

against the petitioner except through lawf ul means and in stri( t Circular daled 1210812022

illegal, and high-

,latant violation of

rlo. RAU2O22-231

rg the inaction of

al and.Violative of

l uently d irect the

cive or unlawful

ply with the due

1ings, and f urther

? nts, executives,

g in any acts of

y of the petitioner

lt or anonymous

rs premises, and

n letter and spirit

:rrant off icials of

sposal of the writ

tercive measures

ad herence to the

Counsel forthe Petitioner:SRI. BONTHU LOKESH PHANINDFT, REDDY

Counsel for the Respondent No 1: SRI N. BHUJANGA RAO, l):puty Solicitor Gener:rl of lndia Counsel for the Respondent No 5: SRI SUDARSHAN NARAH,l tl Counsel for the Respondents No 2 To 4 , 6 & 7: --- The Court made the following: ORDER

I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION

o.35716 0F 202s

DATE OF ORDER: 06.01.2026

Between:

Mohammed Salman Uddin.

... Petition er

AND

Union of India,

Represent by it's Secreta ry,

Ministry of Finance, New Delhi and six others.

...Respondents

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ORDER

Heard Sri Bonthu Lokesh phanindra, learned counsel for the petitioner, Sri N.Bhujanga Rao, Iearned Deputy Solicitor General of India, for respondent No,1 and Sri Sudarshan Narahari, learned counsel for respondent No.S.

2. Despite service of notice, none appeared for remaining respondents

3. When the matter is taken up for hearing, learned counsel for petitioner submitted that the issue raised in this Writ Petition is squarely covered by the order passed by this Court in W.p.lto.1E-9I: of 2024, dated 22.08.2024 and therefore, rhe

.-- \\ +=65 \

\lP.No J3?16 1025 NI]K.J same order may be passed ln this writ petitiorl as well' The operative portion of the said order reads as undet: '8. tn view of the above circulars, this Cou'- it appropriate to direct the respondents to ensur€ agents engaged by them for recovery of the loan r shall strictly follory the guidelines and instructlor : by the Reserve dank of lndia and also the ludgr the Hon'ble Supreme Court in lClCl Bank I Prakash Kaur's case (1 supra) and lClCl Ez Shanti Devi Sharma's case (2 supra)' deems hat the nounts, issued ents of td Vs. nk Vs. I With the above direction, the writ F € :ition is disposed of. No costs."

4. Learned Standing counsel for respond:1t No'l and learned counsel for respondent Nos'3, 4, 5 ;rd 6 have no objection.

5. Accordingly, in terms of the order passed t y this Court in W.P.No.18913 of 2024, dated 22.08'2024, and f )r the reasons alike, this Writ Petition is disposed of directing 'he respondent authorities and their agents to scrupulou j y follow the guidelines/instructions issued by the Reserve Ei nk of India in its Circular dated 12.08.2022 and also the judgr^ lnts of Hon'ble Supreme Court in ICICI Bank Ltd' v Prakash I''' ur's case and ICICIBankv.ShantiDeviSharma'scase,whil:recoveringthe loan amounts from the petitioner' No costs'

-) NBt(tJ Pending miscellaneous applications, if any, shall stand closed SD/. A. S ENIVASA REDDY AS NT REGIST //TRUE COPY// TION OFFICER

1. The Secretary, Ministry of Finance, Union of lndia, N Del 2- The Chief General Manager, Reserve Bank of lndia (R New Delhi - 1'10001 ,b Sansad Marg,

3. One CC to SRl. BONTHU LOKESH PHANINDRA REDDY, Advocate loPUCl

4. One CC to SRl. N .BHUJANGA RAO, Deputy Solicitor General of lndia loPUcl

5. One CC to SRI SUDARSHAN NARAHARI , Advocate [OPUC]

6. Two CD Copies DAN GJP To, l

HIGH COURT DATED:0610112026

ORDER

WP.No.35716 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I s tfi .l $ t t- -*!L* a oc) , 2ffi c)> i- t () t\bl .l

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