Andhra Pradesh High Court - Amravati
Bommadevara Revathi vs Union Of India on 24 September, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER, | TWO THOUSAND AND TWENTY FOUR :PRESENT: a THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA --~ WRIT PETITION NO: 5426, 14354, 14355, 14356, 14361, 14362, 14363, 14367, 14369, 14370, 14372, 14374, 14376, 14378, 14381, 14383, 14386, "14387, 14391, 14393, 15630, 15633 & 15818 OF 2024 WP.No.5426 of 2024: Between: Bhavani Vikram Joshi, Cfo. Vikram Joshi, Aged about 36 year, Occ: Employee, Rio. H.No.16-23-3/4A, Road No.1, Pallam Raju Nagar, Dairy Farm Centre, Kakinada, (Urban), East Godavari District, Andhra Pradesh-533003. ...Petitioner AND 1, Union of India, rep by its Secretary ministry of Finance', Department of Expenditure, Room-No74-B 1100014 (India) é. The Reserve Bank of India, rep by its Executive Director 2™ floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairmen, ICICI Bank, Office ICICI Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. . The Branch Manager, ICICI Bank, Vijayawada Branch, Vilayawada, N_T.R District, Andhra Pradesh. New Delhi 5. M/s. Ramakrishna Housing Pvt. Ltd. , Represented by its Authorized Signatory, Ring Road, Vilayawada-520008, NTR District, AP. . Respondents i Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents Nos.2 to 4 in deducting the Pre-EMls (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no.LBVJW00003232001 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline, No 7.6 vide its No DCBR.BPD(PCB).MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payment to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14,15 21 and 300A of the indian Constitution and consequently direct the respondents No.2 to 4 not to deduct the future EMls in respect of the loan account LBVJW00003232001 without proceedings for recovery from the respondent no 5; iA NO: 1 OF 2024: Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EMls in respect of the loan account LBVJW00003232001 without proceedings for recovery from the respondent no 5, pending disposal of WP No.5426 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the orders of the High Court dated:01.03.2024, 02.04.2024 & 25.06.2024 and upon hearing the arguments of Ms.Kota Krishna Deepthi, learned counsel appearing on behalf of Sri Jada Stavan Kumar, Advocate for the Petitioner and Smt M.Uma Devi, learned counsel for the Respondent No.1 and of Sri P. Badrinath, Advocate for the -- Respondent Nos.3&4: WP NO: 14354 OF 2024: ~~ Between: Challa Rajesh, S/o. Challa Venkateswar Rao, Aged about 40 years, Ocsc:Employee, R/o.4-90/A, Maruthi Nagar, Khammam X Raod, Kodad Mandal, Nalgonda District, Andhra Pradesh-508206 Petitioner ty AND 1. Union of India, Rep by its Secretary ministry of Finance, Department of Expenditure, Room-No74-B New Delhi - 110001 (India). 2. The Reserve Bank of india, Rep by its Executive Director 2° floor, Central Office Building, Bharat Singh Marg, Mumbai, 3. The Chairman, ICICI Bank Office, ICICI Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, ICICI Bank, Vijayawada Branch, Vijayawada, NUTR District, Andhra Pradesh. 9. Mis. Ramakrishna Housing Pvt. Ltd., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District, A.P. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 fo 4 in deducting the Pre-EMls (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003194067despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 76 vide its No BDCBR.BPD(PCB).MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 24 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMIs in respect of | the loan Account no. LBVJW00003194067without proceedings for recovery from the respondent no 5. IA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the fuiure EM Is in respect of the loan account LBVJW00003194067 without proceedings for recovery from the respondent no 5, Pending disposal of WP 14354 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Order of the High Court, dated 09.07.2024 & 06.08.2024 made herein and upon hearing the arguments of Sri. Jada Sravan Kumar, Advocate for the Petitioner, Deputy Solicitor General of india for Respondent No.1; WP NO: 14355 OF 2024: -~ Between: Kankipati Narasaraju, C/o.Kankipati Narasimha Murthy Raju, D.No. 49-4/2-7 C- 102,slvAmaravati Grand, Ward-1, Near inner Ring Road, Gundala Vijayawada (Urban), Krishna District, Andhra Pradesh-520004. Petitioner AND 4. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 110001 (India). 2. The Reserve Bank of India, rep by its Executive Director, 2°" floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICICI Bank, Office ICICI Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, ICIC] Bank, Vijayawada Branch, Vijayawada, N.T.R District, Andhra Pradesh. 5. M/s. Ramakrishna Housing Pvt. Ltd., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District A.P. Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issuie an appropriate writ, order or direction particularly one in the 'nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMIs (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003278247 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD.(PCB).MC NO.9/09.22.010/20 15 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EM Is in respect of the loan Account no. LBVJVWV00003278247 without proceedings for recovery from the respondent no 5, ' [A NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EMl[s in respect of the loan account LBVJW00003278247 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No.14355 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit fled in support thereof and the order of the High Court dated:09.07.2024 & 06.08.2024 and upon hearing the arguments of SRI JADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1 and of Sri P, BADRINATH, Advocate for the Respondent No.4: 6 WP NO: 14356 OF 2024: Between: - Vara Prasad Jagan Mohan Sikhinam, S/o. Sikhinam Samba Siva Murthy, Aged about 42 Years, Occ Employee, Rio. D.No. 26-48, K. Nageswara Rao Raod, Ramarajya Nagar, Kabela Centre, 'Viayawada N TR District, Andhra Pradesh- 520012. Petitioner _ AND S, Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B New Delhi - 170001 (india). 7. The Reserve Bank of India, rep by its Executive Director, 2" floor, Central Office Building, Bharat Singh Marg, Mumbai. 8. The Chairman, ICICI Bank, Office ICIC] Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 2 9. The Branch Manager, ICICI Bank, Wwayawada E Branch, Viayawada, N.T.R District, Andhra Pradesh. 10. M/s. Ramakrishna Housing Pvt. Lid., Represented by its Authorized Signatory, Ring Road, Viiayawada-520008, NTR District AP. Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMis (Equated Monthly installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003195844 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPDA(PCB).MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to > 7 ra the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMIs in respect of the loan Account no. LBVJVWV00003195844 without proceedings for recovery from the respandent no 5. IA NO: 1 OF 2024 . Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EMls in respect of the loan account LBVJW00003195844 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No.14356 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court -- dated:09.07,.2024, 06.08.2024 & 20.08.2024 and upon hearing the arguments of SRIJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1, and of Sri P. Badrinath, Advocate for respondent Nos.3 & 4- WP NO: 14361 OF 2024: Between: Dugginapeddi Venu Gopala Sarma, S/o. Dugginapeddi Lakshmi Narasimha Sarma, Aged about 58 years, Occ Employee, R/o. 10-3-414- 92/2RT, Behind Andhra Bank, Vijaya Nagara Colony, Hyderabad, Hyderabad, Telangana- 500057. ...Petitioner AND 1, Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B New Delhi - 110001 (india). 2. The Reserve Bank of India, rep by its Executive Director, 2° floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, HDFC Bank, Office HDFC Bank House,Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra-400013 4. The Branch Manager,, HDFC Bank, Vijayawada Branch, ist floor, Sritxfari Towers, HDFC Bank Ltd, 59A-1-5/1, beside Mary Stella College, Vijayawada, Andhra Pradesh 520008 Vijayawada, N.T.R District, Andhra Pradesh. S. M/s. Ramakrishna Housing Pvt. Lid., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District A.P. (Cause Title amended as per the Court Order dt.06.08.2024 vide orders passed in LA.No. 02 of 2024) ... Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in - deducting the Pre-EMls (Equated Monthly Installments} from the housing loan account of the petitioner herein vide Account no. 626487736 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline 7.6 vide its No DCBR.BPD.(PCB).MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent. banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMIs in respect of the loan account 626487736 without proceedings for recovery from the respondent no 5. 1A NO: 1 OF 2024 Petition under Section 151 CPC is fited praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be 9 pleased to direct the respondent no.2 to 4 not to deduct the future EM {s in respect of the loan account 628487736 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No.14361 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court order dated 09.07.2024 & 06.08.2024 made herein and upon hearing the argurnents of Sridada Sravan Kumar, Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1, the Court made the following: WP NO: 14362 OF 2024: Between: Veeravaneni Dasaradha Ramarao, S/o. Veeravaneni Madhava Rao, Aged about 53 years, Occ Employee, R/o. D.No. 3-14, Dorala Street, Linguluru Mandal, Bommidi Panchayat, West Godavari District, Andhra Pradesh-53444 14 Petitioner AND 1. Union of india, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 1100014 (india). 2. The Reserve Bank of india, rep by its Executive Director, 2° floor, Central Office Buitding, Bharat Singh Marg, Mumbai. 3. The Chairman, {CiCl Bank, Office ICICI Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4, The Branch Manager, ICICI Bank, Vijayawada Branch, Vijayawada, N.T.R District, Andhra Pradesh. M/s. Ramakrishna Housing Pvt. Ltd, Represented by its Authorized Signatory, Ring Road, Viayawada-520008, NTR District AP. ot Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may 10 be pleased fo issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMis (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003336983 despite, there.is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD.(PCB).MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the Indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMIs in respect of the loan Account no. LBVJW00003336983 without proceedings for recovery from the respondent no 5. iA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EMls in respect of the loan account LBVJW00003336983 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No. 14362 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier order of the High Court dated 09.07.2024 & 06.08.2024 made herein and upon hearing the arguments of SRIJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1; WP NO: 14363 OF 2024: =~ Between: Adepalli Rani, C/o. AV. BhaskaraRao, Aged about 54 years, Occ: Employee, Rio. C-402, B K Enchanting Enclave, Trunk Road, Opp. Ramnagara 8" Line, Near D-Mart, Ongole, Prakasam District, Andhra Pradesh-523001. ii Petitioner AND 1. Union of India, rep by its Secretary,Ministry of Finance, Department of Expenditure, Room-No74-B .New Delhi - 110001 (india). 2. The Reserve Bank of India, rep by its Executive Director, 2°'floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICICl Bank, Office ICIC] Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, ICICI Bank, Vijayawada Branch, Vijayawada, NTR District, Andhra Pradesh. Ss. M/s. Ramakrishna Housing Pvt. Lid., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District AP. " Respondents Petition under Articie 226 of the Constitution of india is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMis (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003209221 despite, there is a clear violation of Master Circular of Reserve Bank of india guideline no 7.6 vide its No DCBR.BPD(PCB).MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no. 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental rights of the petitioner guaranteed under articles 14,1521 and 300A of the indian constitution and consequently direct the-respondents No.2 to 4 not to deduct the future EMs in respect of the loan Account no. LBVJW00003209221 without proceedings for recovery from the respondent no.5. 12 IA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not fo deduct the future EMls in respect..of.the loan account LBVJW00003209221. without. proceedings. for. recovery fram the respondent no 5, pending disposal of the Writ Petition No. 14363 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit fled in support thereof and the earlier Order of the High Court dt.09,07.2024, 06.08.2024 & 20.08.2024 made herein and upon hearing the arguments of SRILJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1 and of SRI P.BADRINATH, Advocate for the Respondent No.4; WP NO: 14367 OF 2024: Between: . Mr Satish Babu Padindala, S/o. Padindala Venkateswara Rao, Aged about 40 years, Occ-Employee, R/o. D.Noa. 23-29-18A, Muthyalam Padu, Near Saibaba Temple, Viiayawada, Andhra Pradesh - 520008. Petitioner AND 1. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B New Delhi - 110001 (india). 2. The Reserve Bank of india, rep by its Executive Director, 2°" floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICICI Bank, Office ICIC] Bank Towers, Bandra- Kurla Complex, Mumbai 400 057. 4, The Branch Manager, ICICI Bank, Vijayawada Branch, Vijayawada, N.T.R District, Andhra Pradesh. 5 M/s. Ramakrishna Housing Pvt. Lid., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District A.P. 13 Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMis (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003182233 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD(PCB).MC NO.9/09.22.010/20 15 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the Indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMls in respect of the loan Account no. LBVJW000031 82233 without proceedings for recovery from the respondent no 5. IA NO: 7 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances tated in the affidavit filed in support of the writ petition, the High Court may be pleased fo direct the respondent no.2 to 4 net to deduct the future EMls in respect of the loan account LBVJVW00003182233 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No. 14367 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier order of the High Court dated: 09.07.2024, 06.08.2024 & 20.08.2024 made herein and upon hearing the arguments of SRLJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1, and of Sri P. Badrinath, Advocate for respondent Nos.3 & 4- 14 WP NO: 14369 OF 2024: Between: Chittivarajula Surya Venkata Gangadhara Sastry, S/o. Chittivarjuta Venugopaludu, Aged about 38 Years, Occ Employee, R/o.Akkireddy Palem, Gurram Palem, Pendurthi, Visakhapatnam, Andhra Pradesh-530012. .- Patitioner AND 1. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 110001 (india). | 2. The Reserve Bank of India, rep by its Executive Director, 2" floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICICI] Bank, Office ICIC] Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, ICICI Bank, Viiayawada Branch, Vijayawada, N.T.R District, Andhra Pradesh. 5. M/s. Ramakrishna Housing Pvt. Lid., Represented by its Authorized Signatory, Ring Road, Viiayawada-520008, NTR District ALP. Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMis (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003155090 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD.(PCB).MC NO.9/09.22.010/20 15 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has commitied default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to BS deduct the future EMIs In respect of the joan account LBVJW00003155090 without proceedings for recovery from the respondent no 5. IA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances Stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EMIs in respect of the loan account LBVJW000031550S90 without proceedings for recovery from respondent no 5, pending disposal of the Writ Patition No.14369 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court order dated 09.07.2024 & 06.08.2024 made herein and upon hearing the arguments of Sridada Sravan Kumar, Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1: WP _ NO: 14370 OF 2024: Between: . Thiriveedhi Amaranath, S/o. T.V. Satyanarayana, Aged about 41 years, Occ Employee, R/o. D.No.11/2, Near Vasavi Complex, Cumbum, Prakasa District, Andhra Pradesh-523333 Petitioner AND 1. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B New Delhi - 110001 (india). 2. The Reserve Bank of India, rep by its Executive Director, 2" floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICICI Bank, Office ICICI Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, ICICI Bank, Viiayawada Branch, Vijayawada, N_T.R District, Andhra Pradesh. M/s. Ramakrishna Housing Pvt. Ltd., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District A.P. Respondents on 16 Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMIs (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003329335 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD.(PCB).MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not fo deduct the future EM Is in respect of the loan Account no. LBVJW00003329335 without proceedings for recovery from the respondent no 5. IA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not fo deduct the future EMIs in respect of the loan account LBVJVW/00003329335 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No. 14370 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier order of the High Court dated: 09.07.2024 & 06.08.2024 made herein and upon hearing the arguments of SRIJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1, Sri P.Badrinath Advocate for respondent no.4; WP NO: 14372 OF 2024: Between: Shaik Sydulu, C/o. Shaik Peda Mastan, Aged about 45 years, R/o. H.No. A- 107, Premier Gruhalakshmi Apartments, SM Road, Near Jalahalli Cross, ' Jalahalli West, Bangalore North, Bengaluru, Karnataka-560015 Petitioner AND i. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 110001 (india). 2. The Reserve Bank of india, rep by Its Executive Director, 2 floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICIC! Bank, Office ICICI Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, [CIC] Bank, Vilayawada Branch, Viiayawada, N_T.R District, Andhra Pradesh. 5. Mis. Ramakrishna Housing Pvt. Ltd., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District AP. Respondents Petition under Article 226 of the Constitution of india is filed praying that in ihe circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMls (Equated. Monthly installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003155104 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD(PCB).MC NO.9/09.22.010/20 15 DATED 01.07.2015 and without observing fact that the respondent builder no has committed default either in completing the construction or making illegal, arbitrary and violation ofpayments to the respondent banker is Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and as 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to id deduct the future EMis in respect of the loan account LBVJW00003155104 without proceedings for recovery from the respondent no 5. [A NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances: stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondent no.2 to 4 not to deduct the future EMis in respect of the loan account LBVJW00003155104 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No.14372 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Order of the High Court, dated 09.07.2024 & 06.08.2024 made herein and upon hearing the arguments of SRIJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1: WP NO: 14374 OF 2024: --- Between: Dronadula Lakshmi Narayana, S/o Dronadula Koteswara Rao, aged about 37 years R/o. F-201, Rao's Chaitra Apartments, 2°° Cross, Ayyappa Layout, Marthahalli, Bangalore, Karnataka, Pin-560037. . Petitioner AND 4. Union of india, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 110007 (India). 2. The Reserve Bank of India, rep by its Executive Director, 2° floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICiC! Bank, Office [CIC] Bank Towers, Bandra- Kurla Complex, Mumbai 400 057. 4, The Branch Manager, ICIC! Bank, Vijayawada Branch, Vijayawada, NLT.R District, Andhra Pradesh. 9 5. Mis. Ramakrishna Housing Pvt. Lid., Represented by its Authorized signatory, Ring Road, Viiayawada-520008, NTR District A.P. Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased {fo issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMis (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003214147 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD(PCB).MC NO.9/09.22.010/20 15 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMls in respect of the loan account no. LBVJW00003214147 without proceedings for recovery from the respondent no 5. IANO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EMls in respect of the loan account LBVJW000032 14147 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No.14374 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier order of the High Court dated: 09.07.2024 & 06.08.2024 made herein and upon hearing the arguments of 20 SRIJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1: WP NO: 14376 OF 2024: Between: , Arepalli Venkateswaramma, W/o. Arepalli Venkateswara Rao, Aged about 61 Years, Rio. MIG 1692, BHEL, RC Puram, Hyderabad, Telangana-502082. Petitioner AND 1. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 110001 (india). 2. The Reserve Bank of India, rep by its Executive Director, 2 floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, HDFC Bank, Office HDFC Bank House ,Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra-400013 4. The Branch Manager, HDFC Bank, Vijayawada Branch, 1st floor, SriHari Towers, HDFC Bank Ltd.59A-1-5/1, beside Mary Stella : College, Vijayawada, Andhra Pradesh 520008 Vijayawada, N.T.R District, Andhra Pradesh. . 5. M/s. Ramakrishna Housing Pvt. Ltd., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District ALP. (Cause Title amended as per the Court Order dt.06.08.2024 vide orders passed in LA.Na. 02 of 2024) ..Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMIs (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. 626589377 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline 7.6 vide its No DCBR.BPD(PCB).MC NO.9/09.22.010/2015 DATED 01.07.2015 and 24 without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranieed under Articles 14, 15, 21 and 300A of the Indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMIs in respect of the loan account 626589377 without proceedings for recovery from the respondent no 5. IANO: 1 OF 2024 Petition under Section 151 CPC fs filed praying that in the circumstances Stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EM Is in respect of the loan account 626589377 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No.14361 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court order dated 09.07.2024 & 06.08.2024 made herein and upon hearing the arguments of SriJada Sravan Kumar, Advocate for the Petitioner and the Deputy Solicitor . General for Respondent.No.1; WP NO: 14378 OF 2024- Between: Bandi Jaya Lakshmi, W/o. Bandi Bulli Babu, Aged about 45 years, R/o. G-1, Twin Towers, D.No. 82-21-05. 1 Walkers Road, AVA Road, Rajahmundry, Urban East Godavari, Andhra Pradesh-533 103. Petitioner AND 1. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B New Delhi - 1100014 (india). é. The Reserve Bank of India, rep by its Executive Director, 2 floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICIC! Bank, Office ICICI Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, ICIC! Bank, Vijayawada Branch, Vijayawada, NLT.R District, Andhra Pradesh. 5, M/s. Ramakrishna Housing Pvt. Ltd., Represented by its Authorized Signatory, Ring Road, Viiayawada-520008, NTR District AP. Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circurnstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMis (Equated Monthly Installments) from the housing foan account of the petitioner herein vide Account no. LBVJW00003139425 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD(PCB).MC NO.9/09.22.010/20 15 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the Indian Constitution and consequently direct the respandents No 2 to 4 not to deduct the future EMls in respect of the loan account no. LBVJW00003139425 without proceedings for recovery from the respondent no 5. IA NO: 1 OF 2024 . Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EMls in respect of the loan account LBVJW00003139425 without proceedings for 33 recovery from the respondent no 5, pending disposal of the Writ Petition No.14378 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court order dated 09.07.2024 & 06.08.2024 made herein and upon hearing the arguments of SRIJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Sollcitor General for Respondent No.1: WP NO: 14381 OF 2024: = Between: Atmakuri Krishna Chandan, S/o. Atmakuri Durga Prasad, Aged about 31 Years, Occ- Employee, R/o. SaiKalyan Residency, Flat No.206, Ravi Chettu Centre, Dasari Lingaiah Street, Moghairajpuram, Vijayawada, Andhra Pradesh- 520010 Petitioner AND 1. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 1100071 (india). 2. The Reserve Bank of India, rep by its Executive Director, 2™ floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICICI Bank, Office CIC! Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4, The Branch Manager, ICICI Bank, Viiayawada Branch, Vijayawada, N.T.R District, Andhra Pradesh. 5. M/s. Ramakrishna Housing Pvt. Ltd., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District AP. Respondents _ Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in 24 deducting the Pre-EMis (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003381508 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide iis No DCBR.BPDA&PCB). MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has - committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMls in respect of the loan Account no. LBVJW00003381508 without proceedings for recovery from the respondent no 5. IA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances Stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EMlIs in respect of the loan account LBVJVW/00003381508 without proceedings for recavery from the respondent no 5, pending disposal of the Writ Petition No.14381 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier order of the High court dated 09.07.2024 & 02.08.2024 made herein and upon hearing the arguments of SRIJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1; WP NO: 14383 OF 2024: ~~ Between: Dr. Kandukuri Appala Raju, S/o. Kandukuri Ramanayya, Aged about 49 years, Occ- Doctor, R/o. 402, A16, Splendour, Megapolls, Hinjawad Phase-3, Pune, Maharashtra-41 1057. Petitioner AND 1. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 110001 (india). 2. The Reserve Bank of India, rep by its Executive Director, 2° floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICICi Bank, Office ICIC? Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, ICICI Bank, Vijayawada Branch, Vilayawada, N.T.R District, Andhra Pradesh. 5. M/s. Ramakrishna Housing Pvt. Ltd., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District A.P. Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMis (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003161828 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline ne 7.6 vide its No DCBR.BPD(PCB).MC NO.9/09.22.010/20 15 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMis in respect of the joan Account no. LBVJW00008329335 without proceedings for recovery from the respondent no 5. iA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances Stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondent no.2 to 4 not fo deduct the future EMls in respect of the loan account LBVJW00003161828 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No. 14383 of 2024, on the file of the High Court. ' The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Order of the High Court, dated 09.07.2024, 06.08.2024 & 20.08.2024 made herein and upon hearing the arguments of SRLJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1, and of Sri P. Badrinath, Advocate for respondent Nos.3 & 4; WP NO: 14386 OF 2024: -~ Between: Haritha Garnepudi, W/o. Raghavendra Rao VNV, Aged about 43 years, Occ- Employee, R/o. Flat No. 108, B-Block, Palms Srinidhi Layout, Near M.S. Play Circle, Vidyaranyapura, Bangalore North, Vidyanyapura, Bengaluru, Karnataka-560097 Petitioner AND 1. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 110001 (india). 2. The Reserve Bank of India, rep by its Executive Director, 2" floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, ICICI Bank, Office ICICI Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4, The Branch Manager, ICICI Bank, Vijayawada Branch, Vijayawada, N.T.R District, Andhra Pradesh. BD ad S. M/s. Ramakrishna Housing Pvi. Lid., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District AP. , Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMls (Equated Monthly installments) fram the housing loan account of the petitioner herein vide Account LBVJW00003207003 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD.(PCB).MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMIs in respect of the loan Account LBVJW00003207003 without proceedings for recovery from the respondent no 5. IANO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances Stated.in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EMIs in respect of the loan account LBVJW00003207003 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition _No.14386 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Order of the High Court, dated 09.07.2024, 06.08.2024 & 20.08.2024 made herein and upon hearing the 28 arguments of SRLJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1; WP NO: 14387 OF 2024: Between: Swamy Krishna, S/o. Swamy Venkata Narayana, Aged about 58 years, R/o. D.No.H No. 11-116/8, Azad Nagar, Opposite Market Office, Kodada, Nalgonda, Telangana-508206 Petitioner AND 1. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 110001 (India). 2. The Reserve Bank of India, rep by its Executive Director, 2° floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, {CICI Bank, Office ICICI Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, ICICI Bank, Vilayawada Branch, Vijayawada, NUTR District, Andhra Pradesh. 5. M/s. Ramakrishna Housing Pvt. Ltd., Represented by its Authorized Signatory, Ring Road, Vilayawada-520008, NTR District AP. Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respandents no 2 to 4 in deducting the Pre-EMis (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW00003211463 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPDA(PCB).MC NO.9/09.22.010/20 15 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to 29 the respondent banker is as legal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the Indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMls in respect of the loan account no. LBVJWO00003211463 without proceedings for recovery from the respondent no 5. IA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances Stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondent no.2 to 4 not to deduct the future EMis In respect of the loan account LBVJW00003211463 without proceedings for recovery from the respondent no 5, pending dispasal of the Writ Petition No.14387 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit fled in support thereof and the Order of the High Court, dated 09.07.2024, 06.08.2024 & 20.08.2024 made herein and upon hearing the arguments of SRI JADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1, and of Sri P. Badrinath, Advocate for respondent Nos.3 & 4: WP NO: 14391 OF 2024: _- Between: Gottipati Vamseedhar, S/o. Gottipati Veera Venkata Lakshmi Narayana, Aged about 36 years, Occ Employee, R/o. D. No. D.No. 39-25-10/7, Flat Ne. 402, Seethanna Gardens, Ram Lakshmi Nivas, Visakhapatnam, Visakhapatnam | District, Andhra Pradesh-530007, Petitioner AND 1. Union of India, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No74-B New Delhi - 1100014 (india). 2. The Reserve Bank of India, rep by its Executive Director, 2" floor, Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, HDFC Bank, Office HDFC Bank House ,Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra-400013. 4. The Branch Manager, HDFC Bank, Vijayawada Branch, 1st floor, SriHari Towers, HDFC Bank Lid, 59A-1-5/1, beside Mary Stella College, Vijayawada, Andhra Pradesh 520008 Vijayawada, N.T.R District, Andhra Pradesh. 5. M/s. Ramakrishna Housing Pvt. Ltd., , Represented by its Authorized Signatory, Ring Road, Vijlayawada-520008, NTR District, A.P. (Cause Title amended as per the Court Order dt.06.08.2024 vide orders passed in LA.No. 02 of 2024) .. .Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMls (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. 626564316 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD(PCB), MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the Indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMls in respect of the loan Account no, 626564316 without proceedings for recovery from the respondent no 5. 31 iA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances Stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to 4 not to deduct the future EMIs in respect of the loan account No.626564316 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No.14391 of 2024, on the file of the High Court. The petition coming on fer hearing, upon perusing the Petition and the _ affidavit filed in support thereof and the order of the High Court order dated 09.07.2024 & 06.08.2024 made herein and upon hearing the arguments of Sri.Jada Sravan Kumar, Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1: WP NO: 14393 OF 2024. = Between: GundaSujatha, W/o. Duggi Ravi Kumar, Aged about 43 years, R/o. D.No. 5- 9- 11/2, 1"Floor, Rajakawada, Narasaraopet, Guntur District, Andhra Pradesh- 522601 | Petitioner AND . Union of India, rep by its Secretary,Ministry of Finance, Department of Expenditure, Room-No74-B ,New Delhi - 110004 (India). 2. The Reserve Bank of India, rep by its Executive Director, 2°™"floor, Central Office Building, Bharat Singh Marg, Mumbai. . | 3. The Chairman, ICICI] Bank, Office ICIC] Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, ICICI Bank, Vijayawada Branch, Vijayawada, N.T.R District, Andhra Pradesh. 5. M/s. Ramakrishna Housing Pvi. Ltd, Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District A.P. Respondents wh Petition under Article 226 of the Constitution of India is fited praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMis (Equated Monthly Installments) from'the housing foan account of the petitioner herein vide Account no. LBVJW00003213851 despite, there is a clear violation of Master Circular of Reserve Bank of India guideline no 7.6 vide its No DCBR.BPD(PCB).MC NO.9/09.22.010/2015 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMis in respect of the loan account no. LBVJW00003213851 without proceedings for recovery from the respondent no 5. IA NO: 1 OF 2024 | Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased todirect the respondent no.2 to 4 not to deduct the future EMis in respect of the loan account LBVJVW00003213851 without proceedings for recovery from the respondent no 5, pending disposal of the Writ Petition No.14393 of 2024, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit fled in support thereof and the earlier Order of the High Court dt.09.07.2024 & 06.08.2024 made herein and upon hearing the arguments of SRILJADA SRAVAN KUMAR Advocate for the Petitioner and the Deputy Solicitor General for Respondent No.1; WP NO: 18630 OF 2024: Between: Kamaravolu Siva Rama Hari Prasad, S/o. Komaravolu Prasanna Anjaneya Sarma, Aged about 46 years, Occ Employee, R/o. Flat No. 101, Archids Streets, Anthony Church Road, Mariyannapalya, Bangalore, Karnataka- 560024. | ...Petitioner AND 1. Union of India, rep by its Secretary ministry of Finance, Department of ExpenditureRoom-No74-B New Delhi - 110004 (India) 2. The Reserve Bank of India, rep by its Executive Director 2nd floor. Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman, , ICICI] Bank,Office ICIC] Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. 4. The Branch Manager, ICICI Bank, Vijayawada Branch, Vijayawada, N.T.R District, Andhra Pradesh. %. M/s. Ramakrishna Housing Pvt. Ltd. Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District, A.P. . Respondents Petition under Article 226 of the Constitution of india praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 to 4 in deducting the Pre-EMls (Equated Monthly Installments) from the housing loan account of the petitioner herein vide Account no. LBVJW000031 82223 despite, inere is a clear violation of Master Circular of Reserve Bank of india guideline no 7.6 vide its No DCBR.BPD(PCB).MC NO.9/09.22.010/20 15 DATED 01.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the 34 indian Constitution and consequently direct the respondents No 2 to 4 not to deduct the future EMis in respect of the loan Account no. LBVJVW/O00003182223 without proceedings for recovery from the respondent no 5. Note: Prayer is amended in petition and affidavit as per the C.O dt. 20-08-2024 vide order passed in LA.No.2 of 2024 IA NO: 1 OF 2024 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 respondent no.2 to 4 not to deduct the future EMIs in respect of the loan account LBVJW00003182223 without proceedings for recovery from the respondent no 5-pending disposal of WP 15630 of 2024, on the file of the High Court. Note: Prayer is amended as per the C.O dt. 20-08-2024 vide order passed in LA.No.2 of 2024 The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court dated 23.07 2024 & 20.08.2024 made herein and upon hearing the arguments of Sri JADA SRAVAN KUMAR Advocate for the Petitioner and of Deputy Solicitor General for Respondent Nos. 1 & 2: WP NO: 15633 OF 2024: Between: Vilas Chandrakant Autade, S/o. Chandrakant Autade, Aged about 44 years, Occ Emploayee, R/o. flat No. 108, Anjali Residency, Krishna Enclave Back side, Currency Nagar, Vilayawada, Andhra Pradesh-520008. . Petitioner AND 1. Union of India, rep by its Secretary ministry of Finance, Department of ExpenditureRoom-No74-B New Delhi - 110001 (india) é. The Reserve Bank of India, rep by its Executive Director 2nd floor Central Office Building, Bharat Singh Marg, Mumbai. 3. The Chairman,, ICIC! Bank,Office ICICI Bank Towers, Bandra- Kurla Camplex, Mumbai 400 051. 4. The Branch Manager,, ICICI] Bank. Vijayawada Branch, Vijayawada N.T.R District, Andhra Pradesh. S. M/s. Ramakrishna Housing Pvt. Ltd.,, Represented by its Authorized Signatory, Ring Road, Vilayawada-520008, NTR District, A.P. ... Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents no 2 fo 4 in deducting the Pre-EMls (Equated Monthly installments} from the housing loan account of the petitioner herein vide Account no. LBVJW00003230572 despite, there is a clear violation of Master Circular of Reserve Bank of india guideline no 76 vide its No DCBR.BPD.(PCB)MC NO.9/09.22.010/2015 DATED 07.07.2015 and without observing fact that the respondent builder no 5 has committed default either in completing the construction or making payments to the respondent banker is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the Indian Constitution and consequently direct the respondents No 2 to 4 nat to deduct the future EMis in respect of the loan Account no. LBVJVW00003230572 without proceedings for recovery from the respondent no 5. IA NO: 1 OF 2024 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 respondent no.2 to 4 not to deduct the future EMIs in respect of the loan account LBVJW00003230572 without proceedings for recovery from the respondent no 5-pending disposal of WP 15633 of 2024, on the file of the High Court. 36 The Appeal coming on for hearing, upon perusing the appeal and the affidavit filed in support thereof and the order of the High Court dated 03.07.2024 & 20.08.2024 made herein and upon hearing the arquments of Sri | JADA SRAVAN KUMAR Advocate for the Petitioner and of Deputy Solicitor General for Respondent Nos. 1 & 2: IA No. 1 OF 2024 IN WP NO: 15818 OF 2024: .~ Between: 1. Bommadevara Revathi, W/o. Barnmadevara Prasad Rao, Aged about 48 years. R/o. 10-107/E. Flat No 203. Pranav Enclave, Road No 02, Near Donald High School (St), New Gaddiannaram Colony, Dilsukh Nagar, Pin-500 060. Bommadevara Prasad Rao, S/o Bommadevara Koteswara Rao, Aged about 52 years, R/o. 10-107/E, Flat No 203, Pranav Enclave, Road No 02. Near Donald High School (St), New Gaddiannaram Colony, Dilsukh Nagar, Pin-500 060. Petitioners - (Petitioner in WP. 15818 OF 2024 on the file of High Court} AND . Union of india, rep by its Secretary, Ministry of Finance, Department of Expenditure, Room-No.74-B, New Delhi - 110001 (india) The Reserve Bank of India, rep by its Executive Director, 2" floor, Central Office Building, Bharat Singh Marg, Mumbai. The Chairmen, ICIC] Bank, Office ICIC! Bank Towers, Bandra- Kurla Complex, Mumbai 400 051. The Branch Manager, ICICI Bank, Viiayawada Branch, Vilayawada N.T.R District, Andhra Pradesh. M/s. Ramakrishna Housing Pvt. Ltd., Represented by its Authorized Signatory, Ring Road, Vijayawada-520008, NTR District, A.P. Respondents (Respondents in-do-) 37 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 respondent no.2 to 4 not to deduct the future EMIs in respect of the loan account LBVJW00003216031 without proceedings for recovery from the respondent no 5, pending disposal of 'the Writ Petition No.15818 of 2024, on the file of the High Court. The Appeal coming on for hearing, upon perusing the appeal and the affidavit filed in support thereof and the order of the High Court dated 24.07.2024 made herein and upon hearing the arguments of Sri Sri Jada Sravan Kumar, Advocate for the Petitioner, and Deputy Solicitor General for the Respondents, the Court made the following: ORDER:
"For filing counter affidavits by all the respondents, post these matters on 16.10.2024.
Interim order granted earlier is extended by the next date of hearing."
Sd/- B.Prasada Rao ASSISTANT REGISTRAR HUTRUE COPYH Ok ' SECTION OFFICER To,
1. One CC to Sri. Jada Sravan Kumar, Advocate {OPUC]
2. One CC to SRILP. BADRINATH Advocate [OPUC]
3. One CC to Sri Venkateswarlu Gunduboina, (CENTRAL GOVT COUNSEL) Advocate [OPUC] 4, One CC to the Deputy Solicitor General, High Court of AP [OPUC]
8. One CC to SmtM.Uma Devi, Advocate [OPUC]
6. One spare copy HIGH COURT NV,d DATED: 24/09/2024 POST THESE MATTERS ON 16.10.2024 ORDER WRIT PETITION NO: 5426, 14354, 14355, 14356, 14361, 14362, 14363, 414367, 14369, 14370, 14372, 14374, 14376, 14378, 14381, 14383, 14386, 14387, 14391, 14393, 15630, 15633 & 15818 OF 2024 INTERIM ORDER EXTENDED tod