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Konduru Anil Kumar Raju, v. Union of India

Court: High Court for State of Telangana

Bench: NAGESH BHEEMAPAKA

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-01-05. Konduru Anil Kumar Raju, v. Union of India. Read the judgment and case details on LawSphereX.

Judgment text

[ 33001 IN THE 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 WR Between: Konduru Anil Kumar Raju, S/o. K. Balaraju, Aged about 30 years, Occupation , Private Employee, Rl/o. H. No. 7-1-63211 11, Bapunagar, SR Nagar, Hyderabad. ..... PETITIONER D '1. Union of lndia, Represented by its Secretary Ministry of Finance, 3rd floor, Jeevan Deep Building, Sansad Marg, New Delhi-1 10001 . 2. The Reserve Bank of lndia, Represented by its Chief General Manager, Office at 8th Floor, Central Office Building, Shahid Bhagat Singh Marg, Fort, Mumbai, lndia 40000'1. 3. Stashfin, Rep by its Managing Director, Office at lBth Floor, MAGNUM GLOBAL PARK, Golf Course Ext Rd, Sector 58, Gurugram, Haryana 122098. 4. RBL Bank, Rep by its Managing Director, Office at One World Center, Tower 28, 6th Floor, 841 Senapati Bapat Marg, Lower Parel, Mumbai - 400 013.

Maharashtra, lndia. 5. IDFC First Bank, Rep by its Managing Director, No 1-10-63/1/1, Ground Floor, Veer Chambers, Chikoti Gardens, Opp. Shoppers Stop, Begumpet, Hyderabad 500016. - '1st 6. Bajaj Finance Limited, Rep by its Managing Director, Office at Floor, Metro Station, No 812129318N72911|1F, Near Mad hapur, Jubilee Hills, Hyderabad, Telangana 500081 . 7. Whizdm Finance Private Limited, , Rep by its Managing Director, Office at 3rd Floor,711 , The address Building Marathahalli Sarjapur Outer Ring Rd, Kadubeesanahalli, Bengaluru, Kamataka 560103. 8. KrazyBee Services Limited, Rep by its Managing Director, Office at 3rd Floor, No. 128/9, Maruthi Sapphire, 35, HAL Old Airport Rd, Murugeshpalya, Bengaluru, Karnataka 56001 7. 9. Bandhan Bank, Rep by its Managing Director, Office at D N 32, Sector V, Salt Lake, Kolkata, West Bengal, 700091. 'l0. Akag Capital Advisors Private Limited, Rep by its Managing Director, Office at 58, First Floor, Arjun Nagar Kotla Mubarakpur, New Delhi -110003.

11. Northerr Arc Capital Limited, Rep by its Managing Director, Office at 1Oth Floor, llfM Research Park, 'l Kanagam Village, T-aramani, Chennai - 6001 13, Tamil Nadu, India. l2. Piramal Finance Limited, Rep by its Managing Director, Office at p. iramal Tower, I)eninsula Corporate Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai - 400013. 13. lnCred frinancial Services Limited,, Rep by its tvlanaging Director, Office at Unit No. 1203, 12th floor, B Wing, The Capital, Ptot No. -C-70, G Block, Bandra l(urla Complex, Mumbai - 400051, Maharashtra, lndia. 'l4. Navi Finsery Limited, Rep by its Managing Director, Office at 2nd Floor, Tech Square, Iballur Village, Begur Hobli, Bengaluru, ! gishna'1i Karnataka 560102, lndia. 15. lClCl Bank, Rep by its Mana ging Director, Office at lClCl Towers, Bandra- Kurla Complex, Mumbai, Maharashtra 400051. .....

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 issu,: the writ more in the nature writ of mandamus declaring the action of the Respondent No. 2 in not legitimately protecting the interest of petitioner by duly enforcing ils Circular dated 121O812022 vide RBllZ02223l'1OB DOR ORG REC 65121 0415812022-23 against Respondent Nos. 3 to '13 who are resorting to high-handed measL res to recover money without following the Circular dated . 12lOBl2O22 vide R8lr1202223/ 108 DOR ORG REC 65t21 04 158t2O2223 issued by Respondent No. 2 and Consequently direct the Respondent No. 2 to take stringent action against the errant official of the Respondent Nos. 3 to 13 in unlaMully illegally and arcitrarily taking to recover the amounts from petitioner without . 108 following Circulerr dated 1210812022 vide RBtlZO2223l DOR ORG REC 65/21 04 158t2022-23. I. A.

N :1 OF 2O25 Petition Urder section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent Nos. 3 to 13, not to take any coercive or adverse measures whatsoever against the Petitioner or his family members, whether at their residence or plac:e of business, without strict adherence to the due process of law and mandatory compliance with the Circular bearing No. RBll2022- 231108 DOR. ORG. REC. 65t2L04. 158/ 2022-23 issued by Respondent No. 2, until the final disposal of the present writ petition. Counsel for the Petitioner : SRI SHAIK RAFIA BANU Counsel for the Respondent No. 1 : SRI KALVALA SANJEEV (SC FOR CENTRAL GOVT ) Counsel for the Respondent Nos. 2 to 4 : - Counsel for the Respondent No. S : SRI B. SRIHARI Counsel for the Respondent No. 6 : SRI R. MANGULAL Counsel for the Respondent Nos. 7 to 11 : -- Counsel for the Respondent No.

12 : SRI SUDHARSHAN NARAHARI Counsel for the Respondent Nos. 13 to 15 : -- The Court made the following ORDER ffii. r:a:: e IN T'HE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE IIONOURABLE SRI JUSTICE NAGESH BHEEMAPT]tr(A WRIT PETITION No. 36781 of 2o25 o5. oL. 2026 Betweeni: Konduru Anil Kumar Raju ... Petitioner AND The Union of India, Represented by its Secretar5r, Ministry of Finance, New Delhi & 14 others ... Respondents ORDER: Hear:d Sri Shaik Rafia Banu, learned counsel for the petitioner, Sri Kalvala Sanjeev, learned Standing Counsel for Central Government, Sri B Srihari, learned counsel for respondent No. 5, Sri R Mangulal, learned counsel for respondent No. 6 and Sudharshan Narahari, learned counsel for respondent No. 12. Perr. rsed the record. 2. Desp'ite service of notice, none appeareci for remajning I I ' ,i+t' .. 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, dated 22. 08. 2024 and therefore, the sarne order may be passed in this writ petition as well. 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 thb 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 direction, the writ petition is disposed of. No costs. " 4. Learned counsel for respondent Nos. 1, 5, 6 and 12 have no objection. 5. Accordingly, in terms of the order passed by this Court in W. P. No.

13913 of 2024, dated 22. 08. 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 I l -circular dated 12. 08. 2022 and arso the judgments of Honble supreme court in ICICI Bank Ltd. prakash v. Kaurrls case and rcrcl Bank v. shanti Devi sharmar2s case, while recovering the loan amounts from the petitioner. No costs f'ending miscelianeous applications,. if any, shalr stand closed , / 1(2ol7l2 SCC 711 2(2008) 7 SCC s32 . P. PONNA KRISHNA ISTANT REGISTRAR //TRUE COPY/ SECTION OFFICER: To 1. The Se,:retary, Union of lndia, Ministry of floor, Jeevan Deep Buildingr, Sansad Marg, New Delhi-11000 1. 2. The Ch ef General Manager, Reserve Bank of lndia, Otfice at 8th Floor, Central Office Building, Shahid Bhagat Singh [/arg, Fort, [/umbai, lndia 400001 3.

The tr/anaging Director, Stashfin, Office at 18th Floor, IVIAGNUIVI GLOBAL ,3oif Sector Gurugram, 122098. PARK, Cburse Ext Rd, 58, Harya1a 4. The Managing Director, RBL Bank, Office alOne World Center, fower 28, - 400 6th Floc,r, 5+isenapati Bapat lvlarg, Lower Parel, Mumbai 013. Maharashtra, lndia. 5. ine fr4a'raging Director, IDFC First Bank, No 1-10-631111, Ground Floor, Veer Chambersl C6it<oti Gardens, Opp. Shoppers Stop, Begumpet, Hyderabad - 50001 6 6. The Marag ing Director, Bajaj Finance Limited, Office at 1st Floor, Metro Station, No arz zga a N7 Zsi I 1- I 1F, Near tvladhapu r, Jubilee H ills, Hyd erabad, Telangana 500081 T. The Ml"arraging Director, Whizdm Finance Private Limited, Office at 3rd Floor, 7l1,The, aooress Building Marathahalli sarjapur outer Ring Rd, Kadube,asanahalli, Bengaluru, Karnataka 5601 03. 8. The Marraging Director,KrazyBee Services Limited, Office at 3rd Floor, No.

12819, tr4aiuth-i Sapphire, 35, HAL Old Airport Rd, Murugeshpalya, Bengaluru, Karnataka 560017. 9. The ft/arraging Director, Bandhan Bank, Office at D N 32, Sector V, Salt Lake, Kolkata, West Bengal, 700091 10. The tMarraging Direttor, Akara Capital Advisors P-rivate Limited, Office at 58, First Floor, Rr]un Nagar Kotla Mubarakpur, New Delhi -110003. 11. The Marragin! Directbr, Northern Arc Capital Limited, Office at 1Oth Floor, llTIr/ Reselrci Park, 1 Kanagam Village, Taramani, Chennai - 600113, Tamil Nadu, lr,dia. 12. The. Mapg-lng Director, Piramal Finance Limited, Office at piramal Tower, P^eninslla \ corporate park, Ganpatrao Kadam M;rg, t_ower paiei, rvrumoai _ 400013. 13 Drle. qtor, tnCred Financial Services Limited, -Tl':Jql.? gilg Office at Unit No. 1203,121h floor, g capitar, prot No. W,l. g. ]he c-70, G Brock, eindri Kurra fVlumbai- 400051, _ . 9. orp! "x, fvlaharashtra, lndia. l4. The. tManaging.

Director, Navi FinseryLimiied, Offic" at2nd Floor, Vaishnavi square, lballur Village, Begur l{obli, eehgaruru, Karnataka Egl s60102, tnota. 15. The tM. anaging pir99! or, lclcl Bank, office at lclct rowers, Bandra-Kurta Complex, Mumbai, l/aharashtra 400051 16. One CC to SRt SHATK RAFTA BAIIU, Advocate tOpUCl 17. ONE CC tO SRI KALVALA SANJEEV (SC rON iEr. rrNAr- GOVT )AdVOCAIC loPUCl 18 one cc,to SR! Advocate (OpUC) B \44. N9gLAL, 19. One CC''to SRI B. SRIHARI, Advocate (OPUC) sRt SUDHARSHAN ? 9 9ne^c_c_to NARAHARt,'Advocate (opuc) 21. Two CD Copies SA BS I HIGH CC)URT DATED:05/0112026 I I ORDER WP. No. 36781 of 2025 ,! , DISPOSII\IG OF THE W. P WITHOUTCOSTS. eh

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