Petitioner filed writ petitions challenging harassment and alleged illegal financial practices by loan recovery agents and bank officials. Court dismissed both petitions on withdrawal by the petitioner with liberty to avail other remedies, awarding no costs.
Writ petitions dismissed as withdrawn with liberty to avail other remedies; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3303 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE EIGHTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION NO: 30999 OF 2023
Between:
Rakesh Kumawath, S/o Papuram Kumawath, Aged.32 years, Occ. Business, R:/o Flot No. 8, Himagiri Nagar Colony, Near BSNL Office, Hydershakote, Gandhamguda, Rajendranagar, Ranga Reddy District.
...PETITIONER
AND
...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 Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent nos. 4,6 and 7 in insisting, harassing and compelling the petitioner for payment of the loan availed by the Bth respondent and causing public nuisance at the house of thepetitioner and
threatening thepetitioner to face dire consequences with tht: help of the antisocial elements underguise of recoveryagents isbeing illegal, arbitraryand violative ofprinciples of naturaljustice andviolation ofArt.'14,19 and 21 of Constitution of lndia and consequentlydirect the respondent rros.1,2,3 and 5 to take appropriate action against therespondent nos 4,6;lnd 7 tostop the harassment against thepetitioner forpayment ofthe loan availedby theBth respondent and causingpublic nuisance at the house of':he petitioner and threatening thepetitioner to face dire consequenceswith thr:help of the antisocial elements underguise of recoveryagents.
lA NO: 1 OF 2023
Petition under Section 151 CPCpraying that in the cir<;umstances stated in the affidavit filed in support of thepetition, the High Court rnay bepleased to direct the respondent nos. 1, 2, 3 & 5 to submit the action taken report by initiating action against the respondent nos. 4,6 & 7 by conducting free, fair and proper enquiry with regard to the illegal financial business of 4tr' respondent.
Counsel for the Petitioner: SRI B.V.S.S.BALAKRISHNA RANJIT
Counsel forthe Respondent No.1: SRIGADI PRAVEEN KUMAR (Dy. SOLICITOR GEN. OF lrNDlA)
Counsel for the Respondent No.2& 5: GP FOR HOME
Counsel forthe RespondentNo.3,4& 6 to 8: - - - -
The Court made the following: ORDER
HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No.3O999 of 2o23
ORDER:
Learned counsel for the petitioner seeks permission
of this Court to withdraw the writ petition with a liberty to
avail remedies as available under law.
dismissed as withdrawn granting liberty to the petitioner
as sought for. No costs.
Pending miscellaneous applications, if any, shall
stand closed.
SD/.V.KAVITHA ASS]STANT REGIS
//TRUE COPYII
SECTIO OFFICER
To,
g. Lq CC's to GP for HOME, High Court for the State of Telangana, at Hyderabad.[OUT] 3.t*o CDCopies
GJP
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HIGH COURT
DATED:0811112023
ORDER
WP.No.30999 of 2023
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DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS
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Rakesh Kumawath
The Union of India
The State of Telangana
Reserve Bank of India
The Branch Manager, Fullerton India Credit Co. Ltd
Station House Officer
J. SREENIVAS RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
