Telangana High Court

WP/35784/2025 of Suragam Krishna Kishore Vs Union of India on 6 January 2026

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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: 35784 OF 2025 Between: Suragam Krishna Kishore, S/o. Venkata Ramarao, Age 35years,

I3300I

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: 35784 OF 2025

Between:

Suragam Krishna Kishore, S/o. Venkata Ramarao, Age 35years, Occ: Pvt.

Employee, R/o. 6-1 31, Back Side Of Venkatrama Theatre, Nadimi Tiruvuru, Tiruvuru f\ilandal, Krishna, Andhra Pradesh - 521235

...PETITIONER

AND

1.

2.

Union of lndia, Represent by it's Secretary, I\/inistry of Finance, New Delhi Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6-1- 65, Secretariat Road, Saifabad, Hyderabad 500 004

Axis Bank, Rep by its Chief lt/anager Fatepuria Towers, 5141186, Mahatma Gandhi Rd, Karbala lvlaidan, Rani Gunj, Hyderabad, Secunderabad, Telangana 500003

.)

...RESPONDENTS

Petition under Article 226 o'f the Constitutron 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 Nrlandamus, declaring the action of respondent No. 3 in attempting to recover amounts from lhe 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. RBll2O22-231

108, DOR.ORG.REC.65/21 .O4.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as uncon stitutional 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 pr:

restrain respondent No. 3, their agents, recovery agentd. :

or any person acting on their behalf from engaging in ar 1

harassment, humiliation, or intrusion into the privacy of the 1

members, referees or friends, including persistent ,)

threatening messages, or physical visits to the petitioner's direct respondent No. 2 to enforce the said RBI Circular in I

initiate appropriate and stringent action against the errant (

No. 3 for violating legal norms, and pending disposal of the r respondent No. 3 not to resort to any coercive measures except through lawful means and in strict adherence :r

12.O8.2022.

:eedings, and further

<ecutives, managers,

acts of intimidatton,

etitioner or his family

anonymous calls,

rremises, and further

)tter and spirit and to

ff icials of respondent

rrit petition, direct the

rgainst the petitioner

the Circular dated

Counsel for the Petitioner:SRl. BONTHU LOKESH PHANltl )RA REDDY

Counsel for the Respondents No 1: SRI N. BHUJANGA Rl\ ) Deputy Solicitor (i :neral of lndia Counsel for the Respondent No 3 : SRI M. P KASHYAP

Counsel for the Respondent No 2t -----

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.35784 oF 2025

OATE OF ORDER: 06.01.2026

Between:

Suragam Krishna Kishore.

...Petitioner

AND

Union of lndia,

Represented by it's Secretary,

Ministry of Finance, New Delhi and two others

.. Respondents

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ORDER

Heard Sri Bonthu Lokesh Phanindra, learned counsel for the petitioner, Sri N. Bhujanga Rao, learned Standing Counsel for Central Government, for respondent No.1 and Sri M p Kashyap, learned counsel for respondent No.3.

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 tr NBK-J W P.No 1B913 of 2024, daled 22.08.2024 and the efore, the same order may be passed in this writ petition as we,l . The operative portion of the said order reads as under: '8 ln vieW of the above circulars, thrs Crr it appropriate to direct the respondents to ensr r agents engaged by them for recovery of the loa I shall strictly follow the guidelines and instructr) by the Reserve Bank of India and also the.iu(i{ the Hon'ble Supreme Court in lClCl Banl: Prakash Kaur's case (1 supra) and lClCl I Shanti Devi Sharma's case (2 supra). rt deems ) that the amounts, rs issued ments of Ltd Vs. ank Vs.

9. With the above direction, the writ tetition is disposed of. No costs."

Learned Standing counsel for respondent l'l >.'1 and learned counsel for respondent No.3 have no objection

5. Accordingly, in terms of the order passed )y this Court in W P.No 18913 of 2024, daled 22.08.2024, and or the reasons alike, this Writ Petition is disposed of directing the respondent authorities and their agents to scrupulous y follow the guidelines/instructions issued by the Reserve Bar < of India in its Circular dated 12.08.2022 and also the judgnr nts of Hon'ble Supreme Court in lClCl Bank Ltd. v. Prakash Fr ur' s case and lClCl Bank v. Shanti Devi Sharma' s case, while recovering the loan amounts from the petitioner. No costs J Pending miscellaneous applicatrons, if any, shall stand closed loPUCl

5. Two CD CoPies DAN //TRUE COPY// SD/. A.SRINIVASA REDDY STANT REGISTRAR CTION OFFICER to'',. -n" Secretary, Ministry of Finance' Union of lndia' N'ew Delhi ' H",.:E?13r'13:fl#S,11t% ssre" Bank of rndia (RBr)' 6-1-65' secretariat

3. One CC to SRI' BONTHU LOKESH PHANINDRA REDDY' Advocate IOPUCI

4. One CC to SRI' N BHUJANGA RAO' Deputy Solicitor General of lndia HIGH COURT DATED:0610112026

ORDER

WP.No.35784 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I 1 HE STA 3 2tJAtl2ir26 i t (rr,-- .-r-' ieb (

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