Telangana High Court
WP/38192/2025 of Mohammad Abkar Basha Vs Union of India on 30 December 2025
THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO:38192 OF 2025 Between: Mohammad Abkar Basha, C/o. Mohammed Ebrahim, Age
[ 33001
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO:38192 OF 2025
Between:
Mohammad Abkar Basha, C/o. Mohammed Ebrahim, Age 44 years, Occ ; Job Searching, No 75-4-7911, Ragoon Shaib Street, Beside Airtel Showroom, Bhavanipuram, NTR District, Andhra Pradesh - 520012.
.....PETITIONER
AND
1. Union of lndia, Represent by its Secretary, Ministry of Finance, New Delhi.
2. Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - 1 '10001 .
3. IDFC FIRST Bank Limited, Rep by its Chief Manager, Ground Floor, veer chambers, No 1 -10-63/1/1 , opposite Shoppers Stop, Chikoti Gardens, Begumpet, Hyderabad, Telangana 50001 6.
.....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 Mandamus, declaring the action of respondent No. 3 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 tndia Circular dated 12.08.2022 bearing No. RBll2O22-231
108, DOR.ORG.REC.65/21.04.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles 14, 'l 9, 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 J
process of law and the aforesaid Circular in all recovery proceedings, and further restrain responCent No. 3, their agents, recovery agents, executives, managers, or any person ac.ting 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 ancl stringent action against the errant officials of respondent No. '3 for violating legal norms, and pending disposal of the writ petition, direct the respondent No 3 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular dated 12.08.2022.
Counsel for ther Petitioner : SRI BONTHU LOKESH PHANINDRA REDDY
Counsel for ther Respondent No.1 : SRI N.BHUJANGA RAO, DEPUTY
SOLICITOR GENERAL OF INDIA
Counsel for the Respondent Nos.2 & 3 : -- The Court made the following ORDER
a
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A
WRIT PETITION No.38L92 of 2025
Dated: 3O.L2.2O25
Between:
Mohammad Abkar Basha
.Petitioner
AND
Union of lndia,
Represented by it's SecretarTt,
Ministry of Finance, New Delhi & two others
...Respondents
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ORDER:
Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner; Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for respondent No1.
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.No.18913 of 2024, I dated 22.08.2024 and. therefore, the same order may be passed in this I I I I
- \F,B* writ petition as w'e11. The operative portion of the said order reads as under: "8. In view of the above circulars, this Court deems it appropriate to direct the respondents to ensure that the agents engaged by them for recovery of the loan amounts, shall strictly follow the guidelines and instructions issued by the Reserve Bank of India and also the judgments of the Honble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur's case (I 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 Deputy Solicitor General of India, for respondent No.1, has no obje:tion.
5. Accordingly, in terms of the order passed by this Court in W.P.No.18913 of 2024, Cated 22.O8.2024, and for the reasons alike, this Writ Petition is disposed of directing the respondent authorities and their agents to sr;rupulously follow the guidelines/instructions issued by the Reserve Baek of India in its Circular dated 12.08.2022 and also the judgments cf Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'ls cas;e and ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amournts from the petitioner. No costs. Miscellaneous petitions, if any shall stand closed. 1(20071 2(2008) 2SCC711 7 SCC 5:t2 To SD/. .S.GOWRI SHANKAR STANT REGIS //TRUE COPYII SECTION OFFICER
The Secretary, Union of lndia, Ministry of Finance, The Chief General Manager, Reserve Bank of lndia (RBl Delhi - 11()00'1. , Sansad Marg, New
3. The Chief Manager, IDFC FIRST Bank Limited, Ground Floor, veer chambers, No 1- 10-631111, opposite Shoppers Stop, Chikoti Gardens, Begumpet, Hyderabad, Telangana 500016.
4. One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate [OPUC]
5. One CC to SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF lNDlA, Advocate [OPUC] F'{.6. Two CD C,:pies _,t4- r.-- r- - r f rr -!r..!tr* I rtl
a HIGH COURT DATED:30/1 212025
ORDER
WP.No.38192 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 3 21 Jrtl 2[2t t {ttE STA Y, * a g @d"A W -"ilffiq .-. t