Kisan Sewa Sansthan Gram and Another Vs State of U.P. and 3 Others

"1. Under challenge in the writ petition is order dated 20th August, 2025 made by respondent no. 2 (the Director) refusing renewal of petitioners' agreement as well as order dated 6th October, 2025 made by said respondent inviting tender for selection of agency to operate and manage the old age home. Mr. Ved Prakash Shukla, learned advocate appears on behalf of petitioners and relies on view taken by a Division Bench of this Court in his clients own case reported in [2021(7) ADJ 264 (DB)]. He relies on paragraph 26. We think fit to reproduce below first sentence in paragraph 3 and paragraphs 26 and 27.

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"3. Relevant to the dispute, it may be noted that petitioner no.1 is a registered society. It established the facility namely, an old age home at District Sant Kabir Nagar with a capacity to accommodate 150 senior citizens. Petitioner no.2 has described himself as the Superintendent of the old age home in question.......

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26. In the present facts, it may be safely assumed in the context of the inspection report dated 29.02.2020 and the earlier approval granted, the petitioner facility was largely in order and therefore the approval was granted to it in the year 2017. No serious or incurable defect or deficiency having been noted and the inmates being not

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WRIC No. 45265 of 2025

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dissatisfied with the same, it was an obligation on the State authorities to extend the approval rather than initiate cancellation proceedings. An approval once granted should be looked to be continued though with equal conviction all efforts should be continuously made to ensure that such an old age home complies with all laws and stays true to the object for which it may have been established.

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27. The power given to the respondents under the Rules and the Scheme is to monitor and to regulate such facility. Once the facility has been set up in accordance with law, its approval cannot be cancelled or tinkered with in a casual or whimsical manner as that action has, amongst others, a negative impact on the inmates for whose benefit it exists. It also brings a wholly avoidable uncertainty in their lives. Any defect or deficiency that may have been noted in the running the facility, duly approved, ought to be corrected by issuing necessary directions and by seeking necessary compliance/s, in the spirit of collaboration, in a time bound manner."

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(emphasis supplied)"

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We had also made observation in said order that we expected the parties to resolve their differences. Paragraph 4 from said order is reproduced below.

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"4. List on 3rd February, 2026, as fresh. We expect we will be able to dispose of the writ petition without adjudication.'

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Dr. D.K. Tiwari, learned advocate, Additional Chief Standing Counsel appears on behalf of State. He submits, counter has filed. He relies on paragraphs 12 to 16 in it. Contention in relied upon paragraphs is, there was agreement dated 21st October, 2022 executed between petitioner and concerned authority, respectively described as grantee and grantor. The agreement was not renewed. There were good reasons for the omission. For selecting new agency to run the old age home, notice inviting tender was issued. He opposes the writ petition on submission, no interference

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WRIC No. 45265 of 2025

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is warranted.

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Perused the agreement. We reproduce below clauses 6 and 21 from it.

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"6. That all the tax and charges such as property tax, water tax and sewerage tax, and house tax etc, if any shall be paid by the GRANTEE to respective authorities as per the prevailing rules/law. The GRANTEE shall also pay to the electricity department the monthly consumption of electricity charges on time based upon the meter reading.

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21.That on expiry/ termination of this agreement, the equipments, furniture, fixtures etc of the said old age home purchased from grant given by the grantor shall become the property of GRANTOR."

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It is clear that the authority is not satisfied with petitioner in the matter of it running the old age home. Hence, the authority is looking for other agencies.

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Section 19 in Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides for establishment of old age homes. The provision leaves it to discretion of the State Government to establish and maintain such number of old age homes and to prescribe scheme for management of the homes. Rule 20 in Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014 provides for scheme for management of old age homes. It is clear to us that the State Government has appointed petitioner for purpose of establishing and managing the old age home under said agreement called memorandum of understanding dated 21st October, 2022. The authority has reserved right regarding renewal of the agreement at its instance. Contention of State is that the period of agreement has expired. State is not willing to renew it. Hence, the notice inviting tender dated 6th October, 2025.

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WRIC No. 45265 of 2025

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The writ Court will not enter into disputed questions of fact involved in adjudication of whether petitioner is entitled to renewal of the agreement. It follows, State cannot be prevented from establishing and managing old age homes through an agency other than petitioner. However, we make it clear that State cannot thereby continue to run the old age home in the property, where State contends petitioner is a tenant. State must arrange to relocate inmates of the old age home. It will be entitled to remove all furniture and fixtures that on basis of documents can be shown to have been purchased from the grant. Till the time the inmates are removed from the premises of petitioner, the grant in respect of maintenance and upkeep of the old age home must be paid to petitioner.

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With above directions, the writ petition is disposed of.

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March 19, 2026

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Mohini

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(Arindam Sinha,J.)

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(Satya Veer Singh,J.)

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Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad

Kisan Sewa Sansthan Gram and Another v. State of U.P. and 3 Others

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Kisan Sewa Sansthan Gram and Another v. State of U.P. and 3 Others

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