WP/38152/2025 of S Purushotham Vs Union of India, on 30 December 2025

IN THE HIGH COURT FORTHE STATE OF TELANGATiIA

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: 38152 OF 2025

Between:

S Purushotham, S/o. Srinivasalu, Age 28 years, Occ; Job Searching' Rl/o' 3-118, Dandikuppam, Shanthipuram, Andhra Pradesh - 517425.

AND

....PETITIONER

1. Union of lndia, Represent by it's Secretary, Ministry of Finance, New Delhi.

2. Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6-1- 65, Secretariat Road, Saifabad, Hyderabad - 500004.

3. Axis Bank, Rep by its Chief Manager Fatepuria Towers,5141186, Mahatma Gandhi Rd, Kdrbdla Maidan, Rani Gunj, Hyderabad, Secunderabad'

Telangana 500003.

4. INCRED FINANCIAL SERVICES LIMITED, Rep by its Chief Manager 4th Floor, BRR Complex, HSBC Building, lnCred Finance, Raj Bhavan Rd, Somajiguda, Hyderabad, Telangana 500082.

5. INDUSIND Bank Limited, Rep by its Chief Manager 1-248, Upper Ground Floor, Miyapur Cross Roads, Bollaram, Telangana 500052.

6. lClCl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, Plot No 12 Nanakrimguda, Gachibowli, Hyderabad, Telangana 500032.

7. HSBC BANK,, Rep. by its Chief Manager, HSBC INDIA HSBC UNIT NO. 3

ANd 4, EASTWINb, SATELLITE GAZEBO, GURU HAR GOVINDJI MARG, ANDHERI EAST, MUMBAI, INDIA, 4OOO93.

.....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 pa(icularly in the nature of Writ of Mandamus, declaring the action of re'spondent Nos. 3 to 7 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high- a

handed marner without following the due process of law and in blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 beaing No. RBI/2022- 231108, DOR.ORG.REC.65/21.04.15812022-23, and further declaring the inaction of respond€rnt No. 2 in enforcing the said Circular as unconstitutional and violative of Articles 1 4, 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 proceedings, and further restrain respondent Nos. 3 to 7, their agents, recovery agents, executives, managers, ,rr 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, threat,:ning 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 l{os. 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 lawful means and in strict adherence to the Circular dated 12.08.2022.

Counsel for the Petitioner: SRI BONTHU LOKESH PHANINDRA REDDY

Counsel for the Respondent No.l : SRI N.BHUJANGA RAO, DEPUW

SOLICITOR I3ENERAL OF INDIA

Counsel for the Respondent No.2 : -

Counsel for the Respondent No.3 : SRI M.P.KASHYAP

Counsel for the Respondent Nos.4 to 7 : - The Court made the following ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A

PETITION

of

Dated: 30.12.2o25

Between:

S. Purushotham

..Petitioner

AND

Union of India,

Represented by it's Secretaqlt,

Ministry of Finance, New Delhi & six others

...Respondents