Kandula Jyothi vs The Union Of India
2025 Latest Caselaw 5522 Tel

Telangana High Court

Kandula Jyothi vs The Union Of India on 16 September, 2025

Author: Nagesh Bheemapaka

Bench: Nagesh Bheemapaka

     THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

                      WRIT PETITION No.26019 of 2025

ORDER:

This Writ Petition is filed to issue an appropriate writ, order or

direction more particularly one in the nature of WRIT OF MANDAMUS

declaring the action of the respondents in not controlling their agents,

who are harassing the petitioner and his family members, as illegal,

arbitrary, violation of the principles of natural justice and blatant

violation and as well as Rules framed under Reserve Bank of India

and the fundamental rights guaranteed under the Constitution of

India and consequently direct the respondents not to harass the

petitioner and his family members on the ground of collecting the

monthly installment dues and direct respondent Nos.3 and 4 to follow

Circular dated 12.08.2022 vide RBI/2022-23/108, DOR.ORG.

REC.65/21.04.158/2022-23 issued by respondent No.2.

2. Heard Sri B. Lokesh Phanindra Reddy, learned counsel

representing Sri M. Keshav Yadav, learned counsel for the petitioner;

learned Standing Counsel for Central Government, for the respondent-

Central Government and Sri R. Mangulal, learned counsel for

respondent No.4.

3. Despite service of notice, none appeared for remaining

respondents.

4. 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.5200 of

2024, dated 25.04.2024 and therefore, the same order may be passed

in this writ petition as well. The operative portion of the said order

reads as under:

""8. For the aforesaid reasons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles 14 and 21 of the Constitution of India, 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 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 said direction, the writ petition is disposed of."

5. Learned Standing Counsel for Central Government and learned

counsel for respondent No.4 have no objection.

6. Accordingly, in terms of the order passed by this Court in

W.P.No.5200 of 2024, dated 25.04.2024, and for the reasons alike,

this writ petition is disposed of directing the respondent authorities

and their agents to scrupulously follow the guidelines/instructions

issued by the Reserve Bank of India in its Circular dated 12.08.2022

and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd.

Vs. Prakash 1 Kaur's case and ICICI Bank 2Vs. Shanti Devi

Sharma's case.

Pending miscellaneous applications, if any, shall stand

closed.

____________________________ NAGESH BHEEMAPAKA, J

Dated 16.09.2025 myk

1 (2007) 2 SCC 711 2 (2008) 7 SCC 532