Telangana High Court
WP/35718/2025 of Mohammad Akbar Basha Vs Union of India, on 6 January 2026
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: 35718 OF 2025 Between: I\/ohammad Akbar Basha, S/o Mohammad Ebrahim, Aged.
AND
[ 33001
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: 35718 OF 2025
Between:
I\/ohammad Akbar Basha, S/o Mohammad Ebrahim, Aged. 44 Years , Occ. Job Searching, Rlo 75-4-7911, Ragoon Shaib Street, Beside Airtel Showroom, Bhavanipuram, NTR District, Andhra Pradesh - 520012. Pan Card No.
CDSPIV9674F.
...PETITIONER
Union of lndia, Represent by it s Secretary, Ivlinistry of Finance, New Delhi Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad [t/arg, New Delhi - 11000'1
3. lClCl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, Plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032
4. RBL Bank, Rep. by its Chief Manager Shop no 5-4110 86 5-4111 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050
5. INDUSIND Bank Limited, Rep by its Chief l\/anager CSVP(PLUS) QVB, Hitech City Rd, Arunodaya Colony, Sri Sai Nagar, Irladhapur, Hyderabad, Telangana 500081
6. YES BANK, Rep by its Chief Manager Ground Floor, Shop No. l l , 77, NH 65, Gouthami Nagar Colony, Jawahar Colony, Chanda Nagar, Hyderabad, Telangana 500050
7. AXIS BANK, Rep by its Chief lvlanager Ground Floor, Sriven Mall, Miyapur Rd, J P Nagar, CG Employees Colony, Mayuri Nagar, Miyapur, Hyderabad, Telangana 500049
8. FEDERAL BANK,, Rep. by its ChietManager, Post Box. 103, Federal Towers, Aluva, Kerala, - 683101.
9. SBI Cards and Payments, Services Limited (SBl Card). Rep. by its Chief I\,4anager, DLF Cyber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 12th Floor, Gurugram, HR - 122002
10. BAJAJ FINANCE Ltd,, Rep. by its Chief lt/anager, 6th Floor, Bajaj Finsery Corporate Office, Pune-Ahmednagar Road, Viman Nagar, Pune, Maharastra -
411014.
11. Hero Fincorp Ltd, Rep. by its Chief Manager 407, 4OB and 409, 4 Floor, Ashoka l\rly Home Chambers, Chamber Commercial Complex, Sindhi Colony, Begumpet' Hyderabad' Telangana 500003
...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 Direction, rn nature of Writ of lt/andamus, declaring the action of resp()l attempting to recover amounts from the petitioner in an high-handed manner without following the due process (
violation of the Reserve Bank of lndia Circular dated 1ll RB\I2022-23I 108, DOR.ORG. REC.65/2 1 .04.I 5812022-23,, the inactron of respondent No. 2 in enforcing the said Circt I
and violative of Articles 14, 19, and 21 of the Const consequently direct the respondent authorities to refrain I
coercive or unlawful recovery measures against the peli comply with the due process of law and the aforesaid (;i proceedings, and further restrain respondent Nos. 3 to 1l, agents, executives, managers, or any person acting r engaging in any acts of intimidation, harassment, humiliati<r privacy of the petitioner or his family members, referee i persistent or anonymous calls, threatening messages, or petitioner's premises, and further direct respondent No. 2 tc Circular in letter and spirit and to initiate appropriate and st the errant officials of respondent Nos. 3 to 11 for violat pending disposal of the writ petition, direct the responde r resort to any coercive measures against the petitioner e means and in strict adherence to the Circular dated '12.08.:l rre particularly in the dent Nos. 3 to 11 in rrbitrary, illegal, and f law and in blatant )8.2022 bearing No.
nd further declaring
lr as u nco nstitutiona I
:ution of lnd ia, and
'om undertaking any
ioner and to strictly
cular in all recovery
r eir agents, recovery
n their behalf from
, or intrusion into the
or friend s, including
rhysical visits to the
enforce the said RBI
ingent action against
rg legal norms, and
Nos. 3 to 'l 1 not to
xcept through laMul
)22, and pass
Counsel for the Petitioner:SRl. BONTHU LOKESH PHANII'l )RA REDDY
Counsel for the Respondent No.1: SRI N. BHUJANGA RA: Deputy Solicitor General of lndia Counsel for the Respondents No 7: SRI M. P KASHYAP
Counsel for the Respondent No 10: SRI R. MANGULAL
Counsel for the Respondent No 11: SRI R. SRINIVAS RA(l Counsel for the Respondents No 2,3 To 6,8 & 9: -- The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRIJUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.35718 oF 2025
DATE OF ORDER: 06.01.2026
Between:
Mohammad Akbar Basha
...Petitioner
AND
Union of lndia,
Represent by it's Secretary,
Ministry of Finance, New Delhi and ten others
...Respondents
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ORDER
Heard Sri Bonthu Lokesh Phanindra, Iearned counsel for the petitioner, Sri N.Bhujanga Rao, learned Deputy Solicitor General of lndia, for respondent No.1, Sri M P Kashyap, learned counsel for respondent No.7, Sri R. IVlangulal, learned counsel for respondent No.10 and Sri R. Srinivas Rao, learned counsel for respondent No.1 1
2. Despite service of notice, none appeared for remaining respondents.
3. When the matter ls taken up for hearing, Iearned counsel for petitioner submitted that the issue raised in this Writ petition is
WP N.ltrl8 1025 ).JBK,J squarely covered by the order passed by I ris Court in W.P No l 891 3 of 2024, daled 22 OB-2024 and therr> ore, the same order may be passed in this writ petition as well The operative portion of the sai( order reads as under: '8. ln view of the above circulars, this Cotr it appropriate to direct the respondents to ens the agents engaged by them for recovery of' amounts. shall strictly follow the guideli r rnstructions issued by the Reserve Bank of r also the judgments of the Hon'ble Supreme lClCl Bank Ltd Vs. Prakash Kaur's case (1 s l lClCl Bank Vs. Shanti Devi Sharma's case (l deems rre that re loan rS and lia and )ourt in )ra) and ,upra). direction, the writ tr t lition is with disposed of. the above No costs "
4. Learned Standing counsel for respondent Nc'l and learned counsel for respondent Nos.7, 10 and 1 t have no o' ection'
5. Accordingly, in terms of the order passed t y this Court in W.P.No.1B913 of 2024, dated 22-OB2024' and f rr the reasons alike, this Writ Petition is disposed of directing he respondent authorities and their agents to scrupulour) y follow the g uidelines/instructtons issued by the Reserve Bart: of lndia in its the judgme nts of Hon'ble Prakash h.i ur'ls case and Circular dated 12.08.2022 and also Supreme Court in ICICI Bank Ltd. v. ' (2007) 2 scc r- I 1
J WP No l5'7ll_202i NBK,] lClCl Bank v. Shanti Devi Sharma,2s case, while recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, shall stand closed SD/. A.SRINIVASA R ASSISTANT RE RAR ,TRUE COPY// SECTION OFFICER To, '1 . The Secretary, tVlinistry of Finance, Union of lndia, New Delhi
2. The Chief General Manager , Reserve Bank of lndia (RBl), , 6, Sansad lrrlarg, New Delhi - 110001
3. 9ne CC to SRt. BONTHU LOKESH PHAN|NDRA REDDY, Advocate loPUCl 4 O1e CC to SRl. N BHUJANGA RAO Deputy Solicitor General of lndia loPUCl
5. One CC to SRI M. P KASHYAP, Advocate tOpUCI
6. One CC to SRI R. MANGULAL, Advocate tOpUCl
7. One CC to SRt R. SRtN|VAS RAO , Advocate [OpUC]
8. Two CD Copies DAN t (zoog) : scc -i;z
\ HIGH COURT DATED:0610112026
ORDER
WP.No.35718 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS )$. 1-ttE S 14 o 'l JAI{ 2026 :;:..".Ti.' t2 v.. ./ I o \