Telangana High Court
WP/36638/2025 of Sara Niharika Vs Union of India on 5 January 2026
D/o Sara Chandra Shekar, Age 27 Years, Occ Pvt Emp, Rl/o 5--l-384, Old Ghasmandi, Secunderabad, Telangana - 500003. ...PETITIONER [ 3300 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE
Between:
Sara Niharika. D/o Sara Chandra Shekar, Age 27 Years, Occ Pvt Emp, Rl/o 5--l-384, Old Ghasmandi, Secunderabad, Telangana - 500003.
...PETITIONER
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE FIFTH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 36638 OF 2025
Union of lndia, Represent by it's Secretary, Ministry of Finance, New Delhi Reserve Bank of lndia (RBI), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - 110001
AX|S BANK, Rep by its Chief [Vanager Ground Floor, Sriven lrlall, It4iyapur Rd. J P Nagar, CG Employees Colony, Mayuri Nagar, ltzliyapur, Hyderabad, Telanqana 500049
Resoo Financial Capital Pv't Ltd, Rep. by its Chief lt/anager 2nd floor, Dyna Business Park, Plot No. A-57, Street no -1, lVllDC, Mulgaon, Andheri East, t\rlumbai, Maharashtra 400093
HDFC BANK Ltd, Rep by its Chief Manager PN 26, 33/A and34/8, Gr Flr, Deha House, Sy No 68, Allwyn Cross Road lvliyapur, Hyderabad - 500049
IDFC FIRST BANK Ltd, Rep by its Chief [\/anager Ground Floor, Plot No 6-7, Survev No 68, Door No 1-121lKzl6-7, Nearby Athidhi Restuarant, Miyapur, Serilingampalle (M). Telangana 500049
Kotak Mahindra bank Ltd, Rep. by its chief Manager Opposite Swagath Hotel.
Main Rd, Chanda Nagar, Telangana 500050
AND
...RESPONDENTS
Petition under Article 226 o'f 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 particulady in the nature of Writ of Mandamus, declaring the action of respondent Nos. 3 to 7 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 blatant violation of the Reserve Bank of lndra Circular daled 12.08.2022 bearing No. RBI/2022- 231108, DOR.ORG.REC 65121 .O4.15812022-23, and further declaring the inaction of respondent No.2 in enforcing the said Circular as unconstitutional and violative of Articles 14, 19, and 21 ot 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 7. 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 7 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 7 not to resort to any coercive measures against the petitioner except through lav,rful means and in strict adherence to the Circular daled 12.08.2022
Gounsel for the Petitioner : SRI BONTHU LOKESH PHANINDRA REDDY
counser ror the Respondent No.1&2 ' iS iJJ"H,rr"Sif.r##'
Counsel forthe Respondent No.3 : SRI M.P.KASHYAP
Counsel for the Respondent No.6&7 : SRI B.SRIHARI
Counsel for the Respondent No.4,5 :
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The Court made the following: ORDER
I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE IIONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.36638 of 2025
Between:
Sara Niharika
...Petitioner
AND
The Union of India,
Represented by its Secretary,
Ministry of Finance, New Delhi & 6 others
...Respondents
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ORDER:
Heard Sri Bonthu Lokesh Phanindra, learned counsel for Counsel for Central Government, Sri M.P.Kashyap, learned counsel for respondent No.3 and Sri B.Srihari, learned counsel for respondent Nos.6 & 7. Perused the record.
2. Despite service of notice, respondents. none appeared for remaining os.oL.2026 the petitioner, Smt NVR Rajya Lakshmi, learned Standing -
3. Wl-ren tl're malter is taken up for hearing, learned counsel for petitioner submitted thzii the issue raised in this Writ Petition IS squarely covered by the orcier passed by this Court in W.P.No. lB9i3 of 2024. dated 22.08.2024 and thereiore, the same order may be passed in this writ petition as well. The operative portion ol the said order reads as under: "8- .'ln vierv of the above circulars, this Court deem-s it zrppropriate ro direcl the respondents to ensure that the agents engaged by them for recoverv of the loan amounts, shall strictly follow the guiclelines and instructions issued by the Reserve Bank o[ India and also the judgments 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).
9. With the above direction, the writ petition is disposed of. No costs."
4. Learned counsel for respondent Nos. 1,3,6, and 7 have no objection.
5. Accordingiy, in terms of the order passed by this Court in W.P.No. 189 13 of 2024, dated 22.Oa.2024, and for the reasons alike, this u'rit petition is disposed of directing the respondent authorities and their agents to scrupulously follow the guideiines/ instructions issued by the Reserve Bank of India in its Circular dated 12.08.2022 and also the judgments of Honble .t Supreme court in ICICI Bank Ltd. v. prakash Kaur,ls case and ICICI Bank v. Shanti Devi Sharma,2s case, rvhile recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, shall stald closed. SD/.P.PONNA KRI A ASSISTANT TRAR SECTION OFFICER
1. Union of lndia, Represent by it's Secretary, Ministry of Finance, New Delhi
2. Reserve Bank of India (RBl), Represent by its Chief General ftr'lanager, 6, Sansad Marg, New Delhi - 110001 3, The Chief Manager, AXIS BANK, Ground Floor, Sriven Mall, Miyapur Rd, J P Nagar, CG Employees Colony, Mayuri Nagar, Miyapur, Hyderabad, Telangana 50004S
4. The Chief Manager, Respo Financial Capital Pvt Ltd, 2nd floor, Dyna Business Park, Plot No. A-57, Street no -'1 , lVlDC, Mulgaon, Andheri East, I\rlumbai, [Vlaharashtra 400093
5. The Chief Manager, HDFC BANK Ltd, PN 26, 33/A and34/8, Gr Flr, Delta House, Sy No 68, Allwyn Cross Road Miyapur, Hyderabad - 50004S
6. The Chief l\ilanager, IDFC FIRST BANK Ltd, Ground Floor, Plot No 6-7, Survey No 68, Door No 1-121lKzl6-7, Nearby Athidhi Restuarant, l\Iiyapur, Serilingampalle (l\,4 ), Telangana 500049
7. The chief Manager, Kotak l\ilahindra bank Ltd, Opposite Swagath Hotel, Main Rd, Chanda Nagar, Telangana 500050 B. One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate. [OPUC]
9. One CC to SRI N.V.R.RAJYA LAKSHMI, SC FOR CENTRAL GOVERNA/ENT, High Court for the State of Telangana at Hyderabad. toPUCl
10. One CC to SRI M.P.KASHYAP, Advocate. [OPUC]
11. One CC to SRI B.SRIHARI, Advocate. [OPUC]
12. fwo CD Copies. BSK To TKS r--.--.--..--.-- //TRUE COPY// I \
HIGH COURT DATED:0510112026
ORDER
WP.No.36638 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS c. 1 0 rtB 2020 t * i I