Sri Maragani Pavan Kumar Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Sri Maragani Pavan Kumar Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of granting the petitioner liberty to avail the further remedies provided under BNSS; no order as to costs; pending miscellaneous petitions, if any, closed.

Issue for consideration

Whether the inaction of Respondent No. 3 on the petitioner's complaint dated 10.03.2025 is illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India, and whether Respondent No. 3 ought to be directed to take action against the financial institutions harassing the petitioner for recovery. +1 more

Ratio / Principle

Taking note that the respondents-authorities closed the petitioner's complaint dated 10.03.2025 as 'civil in nature', the Court held that the petitioner, if aggrieved by that action, has to avail the further remedies provided under BNSS and for that reason cannot maintain the present writ petition.

Key takeaways

Notice to unofficial respondent No. 4 (RBL Bank Limited) was dispensed with as unnecessary, the writ petition having been taken up for hearing and disposal at the admission stage with the consent of learned counsel for the parties.obiter¶27

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (T. Vinod Kumar, J.), Writ Petition No. 20376 of 2025, decided 16.07.2025 - The petitioner, owing monies to various financial institutions (subject matter of O.S.No.104 of 2025), complained on 10.03.2025 to the Station House Officer, Jeedimetla Police Station (Respondent No. 3) that the financial institutions, including unofficial Respondent No. 4 RBL Bank Limited, were harassing him for recovery in contravention of RBI guidelines, and sought a writ directing action and declaring the inaction of Respondent No. 3 arbitrary and violative of Articles 14, 19 and 21 of the Constitution, with an application under S.151 CPC for interim protection from coercive recovery. The Government Pleader for Home reported that after preliminary enquiry the complaint was closed as 'civil in nature' with intimation to the petitioner. Held, disposing of the writ petition at the admission stage (with consent of counsel; no notice to Respondent No. 4): the petitioner, if aggrieved by the closure of his complaint, must avail the remedies provided under BNSS and cannot maintain the writ petition. Liberty granted accordingly; no order as to costs; pending miscellaneous petitions closed.

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IN THE HIGH -.^{COURTFOR THE STATEOF TELANGANA} AT HYDERABAD (SPecial Original Jurisdiction)

WEDNESDAY,THE^{SIXTEENTHDAYOF JULY} TWO THOUSAND^{AND TWENTY FIVE}

PRESENT

THE HONOURABLE^{SRI JUSTICE T.VINOD KUMAR}

WRIT PETITIO^{N NO: 20376 0F 2025}

Between:

Sri Maraqani Pavan^{Kumar'S/o Sri VenkateswaraRao' Age 31 years'Occ} Fiili:jEfii,iv;i,l^{m" rjrb s-17113'chandra Nasar' chintal' relangana-} 500054.

...PETITIONER

AND

1 The State of^{Telangana, Rep.by its Principal Secretary' Department of Home'} TS Secretariat,^HYderabad.

The Commissioner^{of Police, Cyberabad Commissionerate' Gachibowli'} Hyderabad^{- 500032.}

J The station^{House officer,Jeedimetla Police station,Hyderabad, Telangana} - 500055.

4 RBL Bank^{Limited,Rep. by its Chief Manager Shop no.5-4110 andS-4111} e;;il'il""i,^{Ch"i,oir.r"grar, Hvderabad, Telangana 500050}

...RESPONDENTS

Petition under^{Article226 of the Constitution of lndiaprayingthat in the} circumstances^{statedin tf,e atfiOavit filed therewith'the High Court may.-be} i.*" writ, oro"i^{or Direction more particutartyone in the nature of writ} ;i;;n Ii-frrf unOrrr.--^{l.Direct Respondent No 3 to take necessary action and declaring} the inaction^{of trre Respono-JntNto. s on the complaint dated10.03.2025 submitted} ilvtr'.^{p"1iii""er, as ittegai;rbitrary,and.violativeof Articles'14'19 and 21 of the} constitution^{of lndia z.olreci tre respondentno.'1} .to^{take stringent action against} the errant official^{of tne ieiponOenittos.g in unlawfully, illegally and arbitrarily} taking to recover^{tne amouniJirom petitioner without followingany due process of} law

IA NO: 1 OF 2025

PetitionunderSectionl5,lCPCprayingthatinthecircumstancesStatedin tfre affiOivit^{titedin support of the petition,tn" Higft Courtmaybe pleasedto direct} il; ;;;il;.i Nor.r io^{3 not to take any coercive measures against the petitioner}

without fo,owing due process of .raw pending disposar of the writ petition decraring inaction of respondent no. 3 as irregar'AnJ aiolrl",_,)in n"rrru

Counsel for the petitioner: SRt. M KESHAV YADAV

Counsel forthe Respondent Nos.1 to 3: Gp FOR HOME

Counsel for the Respondent No.4: _--

The Court made the following: ORDER

THE HON'BLE^{SRI JUSTICET. VINOD KUMAR} Wri o No 20 6 20

ORDER:

Heard learned^{counsel for thepetitioner, learnedGovernment} Pleader for^{Home appearingfor respondentNos'1 to 3' and with the} consent of^{the learned counsel appearing for the parties,the writ Petition} is taken up^{for hearingand disposalat the admissionstage'}

Having regard^{to the manner of disposalof the WritPetitionat the} admission^{stageand the nature of /s involved'this Coutt is of the view} that notice^{to unofficial respondentNo'4 is not necessary for adjudication} of the Present^{Writ Petition'}

The case of^{the petitioner, in brief,is that'though he is due monies} to various^{financialinstitutions which are the subject matter of a suitt'vide} O.S.No.104 of^{2025, as the unofficial respondent continuedto harass the} petitioner for recovery^{of the paymentsin contraventionof RBI guidelines} dt.72.O8.2l22,the^{petitionerhad approached the3'd respondent authority} andlodgedacomplainton10.03.2025andsoughtforinitiationofaction against the^{financial institutionswhich are harassing the petitioner for} recovery of the^{amounts advanced by them and in spite of the petitioner} lodging the aforesaid^{complaint,no action has been takenthereon'Hence'} the^{present Writ Petition'}

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per contra, learned Government pleader for Home appearing on behalf of respondent Nos.1 to 3 while denying the writ averments would submit that since the petitioner having already availed the civil remedy, cannot approach this Couft by the present Writ petition claiming inaction on the paft of the respondents_a uthorities against the measures being taken by the financial institutions for recovery of the amount advanced by them.

Learned Government pleader further submits that the respondents_ authorities, on receiving the aforesaid complaint, after causing preliminary enqtiiry and noticing the dispute to be in reration to financiar assistance extended by the unofficiar respondent herein and recovery thereof, have closed the aforesaid compraint as 'civir in nature' on 11.07.2025and issued intimation of the action taken by the petitioner on the same day.

Learned Government pleader would further submit that if the petitioner is aggrieved by the action of the respondents-a uthorities has to avail further remedies provided under BNSS.

I have taken note of the respective contentions urged.

B. Having regard to the submissions made as above, and taking note of the fact that the respondents-authorities on receiving the aforesaid complaint from the petitioner dt.10.03.2025, having ctosed the said complaint as'civil in nature,on 17.O7.ZO2S, this Court is of the view that if \

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the^{petitloner is aggrievedby the aforesaid actionhas to avail further} remedies^{provided under BNSS and for the said reason' cannotmaintain} the^{presentWritPetition'}

9 Granting^{liberty as notedabove'the Writ Petition is disposedof' No}

order^{as to costs.}

Miscellaneous^{petitions, if any, pending in this Writ petitionshall}

stand^closed.

ANI SWAMY SD/. K.BHAV REGISTRAR ASSISTANT

//TRUE^COPYI/

FICER SECTT

To, 1 The^{Principal Secretary' Department of Home' TS Secretariat' Hyderabad'}

The Commiss-ioner^{ot poticJ'Cyberabad Commissionerate' Gachibowli'}

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2 3 T[::#^{;::j'ori'"'''t""oin-'eua Poricestation' Hvderabad'reransana} - 500055-

45 One^{CC to SRI' M KESHAV YADAV Advocate[OPUCI}

45 Two ccs^{to Gp FoR H.ME ,High courtfor the stateof Telangana [oUTl}

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t) Two^{CD Copies}

KKS LS \qr

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HIGH COURT

DATED:16tott2O2S

ORDER

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WP.No.20376 of 2O2S

DISPOSING THE WRIT PETITION WITHOUT COSTS

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