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APHC010494702025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27071/2025 Between:
1. KUNTAMUKKALA SAMBASIVA RAO, S/O KUNTAMUKKALA ABHIMANYUDU, AGE 42 YEARS, RESIDENT OF 1-105, SIVALAYAM BACK SIDE, KUMMARA BAZAR, KANURU, VIJAYAWADA - 520007
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI.
2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT.
3. THE SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH.
4. THE STATION HOUSE OFFICER, PENAMALURU POLICE STATION, KRISHNA DISTRICT.
5. THE GENERAL MANAGER, STATE BANK OF INDIA, ASHOK NAGAR BRANCH, DOOR NO. 11-131, SRI NILAYAM, NEAR BUS STOP, ASHOK NAGAR, PATAMATA, VIJAYAWADA-520007.
6. THE GENERAL MANAGER, AXIS BANK, OFFICE AT D. NO. 59A/1/7 GROUND FLOOR, MATHA TOWERS, RING ROAD, NEAR BENZ CIRCLE, GURUNANAK NAGAR, K.P NAGAR, VIJAYAWADA-
520008.
7. THE GENERAL MANAGER, KOTAK MAHINDRA BANK, D. NO. 23- 11-98, A AND B, NAGESWARA RAO PANTHULU ROAD, SATYANARYANAPURAM, VIJAYAWADA-520011.
8. THE GENERAL MANAGER, RBL BANK LIMITED, D. NO. 40-5-1, TIKKIE ROAD, OPPOSITE D.V MANOR, VIJAYAWADA-520010.
9. THE GENERAL MANAGER, ICICI BANK LTD, 40-11-27, MURALI CHAMBERS, CHANDRA MOULI PURAM, SRIRAM NAGAR, M.G ROAD, NEAR BENZ CIRCLE, VIJAYAWADA-520010
10. THE GENERAL MANAGER, IDFC FIRST BANK LTD, GROUND FLOOR, VENKATA NIVAS ELITE, VENKATESWARA NAGAR,
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MAHENDRA NAGAR, GOLLAPURDI, VIJAYAWADA-52122 5..
11. THE GENERAL MANAGER, BAJAJ FINANCE BRANCH, D. NO.
32/9/17, MADHU MAHALAXMI CHAMBERS, MOGALRAJ PURAM, SIDDHARTHA NAGAR, LABBIPETA, VIJAYAWADA-522010.
...RESPONDENT(S): Counsel for the Petitioner:
1. BANKA NAGESWARA RAO Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 3rd and Respondents on the petitioners representation dated 18.08.2025, to take action against the harassment of personal loan recovery agents of the respondent banks which is arbitrary, unlawful and violation of Article 14, 19 and 21 of the rd and 4th Constitution of India and Consequently, to direct the 3 respondents to take necessary action on the petitioners representation. dated 18.08.2025.”
2. Heard Sri B.Nageswara Rao, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that the aggressive recovery tactics adopted by the agents of Banks Financial Institutions lead to the landmark judgment in ICICI BANK Vs. SHANTI DEVI SHARMA AND OTHERS1, wherein the Hon’ble Supreme Court directed the Banks/Financial Institutions to strictly follow the guidelines issued by the Reserve Bank of India.
1 (2008) 7 SCC 532
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4. Learned Assistant Government Pleader for Home would submit that the respondent-police have not received any representation from the petitioner.
5. In that view, the Writ Petition is disposed of. However, the petitioner is at liberty to make a fresh representation to respondent-police. On receipt of such representation, the respondent-police are directed to follow due process of law. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:06.10.2025 Asr
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.27071 of 2025
Dt.06.10.2025
Asr