Mr.Yendluri P. Rakesh v. The Union Of India
Case brief
What is this about?
In habeas corpus,思想和行动
What did the court decide?
Petition dismissed for default; interim orders vacated. No order as to costs.
In habeas corpus,思想和行动
Petition dismissed for default; interim orders vacated. No order as to costs.
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.
[3405 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY ,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION NO: 25'118 OF 2023
Between:
Mr.Yendluri P. Rakesh, S/o. Y. Prabhakar, Aged 37years. Occ. Employee, R/o. Flat No.401 A Plot No.35, 4 th Floor Srivarhsvam Apartments Shilpa Nagar, Nagaram K. V. Ranga Reddy, N/R, Pramuni Modi Apartment, Hyderabad- 500083 Telangana State
,..PETITIONER
AND
2 The Manager, Citibank N.A., Mail Room, ACROPOLIS.gth Floor, NewDoor No.148 (Old No.6B), Dr. Radhakrishnan Salai, A/ylapore, Chennai 600 004
2 The Manager, H.D.F.C. retail Loan Service Centre, 1-10-60i3, G2, Suryodaya, Opposite Shoppers Stop, Begumpet- 500 049
q The Mahager, Tata Capital, 11 th Floor Tower A, Peninsula, BusinessPark, Ganpatrao Kadam Marg, Lower Parrel, tt/umbai-400 0-13.
o TheManager, One card, A-13 Varsha Park Baner Gaon Pune- 411045 o The Manager, Paytm, 34 Community Centre, Basant LokVasant Vihar,New Delhi -1 10057
10 The Manager, H.D.F.C.Bank, Cards Division, B, LatticeBridge Road,Thiruvanmiyur. Chennai-600 041.
Petition under Article 226 of the Constitution oflndia praying that in the circumstances stated in the affidavit filed therewith, theHigh Courtmay be pleased to issue an appropriate Writ, Order or orders direction moreparticularly one in the nature of Writ of Mandamus declaringthe action of the Respondents in harassing the petitioner by resorting to illegal methods torecoveramount and harassing the Petitioner and the family membersin the name of recoveryof amount without following the dueprocess of lawas illegal,arbitrary,
u ncon stitutiona I and violating Art. 14,'19 and 21 of the Constitution of lndia and against the settled principals of law and consequently direct the respondents bank not to harass the Petitioner and family members in the name of recovery of amount taken from the Respondents without following due process of law
lA NO: 1 OF 2023
Petition under 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 Respondents not to harass the Petitioner in any manner in the name of recovery of amount for the loans availed by the Petitioner from the Respondents without following due process of law, pending disposal of the main writ petition lA NO: 2 OF 2023
Petition under 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 extend the interim order dt. 1110912023 passed in W.P. No. 25118 of 2023 till further orders to be passed in the main writ petition pending disposal of the main writ petition
Counsel for the Petitioner: SRl. SUNIL GAWASANE
Counsel for the Respondent No.1: SRI GADI PRAVEEN KUMAR
(Dy. SOLICITOR GENERAL OF INDIA)
Counsel for the Respondent Nos. 3&10: SRI M.P. KASHYAP
Counsel for the Respondent Nos. 2to9:--
The Court made the following: ORDER
THE HON'BLE JUSTICE MOUSHUMI BHATTACIIARYA
PETITI ONNo.2s118 oF 2023
ORDER:
No one appears ior the petitioner.
/
I li
HIGH COURT
DATED:1611012024
ORDER
1 H E STA r4r
k
)
o 20 NOU 2024 zo
.b
t
DEsparc
WP.No.25118 of 2023
DISMISSING THE WRIT PETITION FOR DEFAULT WITHOUT COSTS
c.ddk-
2 issues framed by the court
Whether the writ petition should be allowed while the petitioner chose to appear unrepresented on a second consecutive date.
What orders should be made when the petitioner fails to appear without valid excuse in a writ filing under Article 226.
2 provisions across 2 enactments
Mr. Yendluri P. Rakesh
The Union Of India
The Manager, Citibank N.A.
The Manager, H.D.F.C. retail Loan Service Centre
The Manager, Axis Bank
The Manager, Tata Capital
Moushumi Bhattacharya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court