Allahabad High Court
KISAN SEWA SANSTHAN GRAM AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court will not interfere with the State's discretion to not renew the agreement, but orders relocation of inmates and continuation of grant payments until such relocation.
Summary
The petitioners, a registered society running an old age home, challenged the State's refusal to renew their 2022 management agreement and the issuance of a tender for a new agency. The State argued that the agreement had expired and it was within its discretion to appoint another agency under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court held that it would not adjudicate the factual dispute over renewal entitlement, affirming the State's right to select a new operator, but directed that the inmates be relocated and that the grant for maintenance continue until relocation is effected. The Court also allowed the State to remove furniture and fixtures that belong to it. The writ petition was disposed with these directions.
Issues considered
- The State's authority to refuse renewal of the management agreement for the old age home.
- Whether the Court can intervene in the State's decision to invite tenders for a new agency.
- The obligations of the State regarding relocation of inmates and continuation of grant payments.
- The applicability of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and related rules to the dispute.
Legislation cited
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — s. Section 19
- Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014 — s. Rule 20
Subjects
- old age home
- agreement renewal
- state discretion
- writ petition
- maintenance and welfare of senior citizens
- relocation of inmates
- grant continuation
- agency selection
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 45265 of 2025
Kisan Sewa Sansthan Gram And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ved Prakash Shukla
Counsel for Respondent(s) : C.S.C.
Court No. - 29
HON'BLE ARINDAM SINHA, J.
HON'BLE SATYA VEER SINGH, J.
1. The writ petition was moved on 13th January, 2026 before us.
Paragraph 1 from order made that day is reproduced below.
"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.
"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.......
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
WRIC No. 45265 of 2025
2
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.
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."
(emphasis supplied)"
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.
"4. List on 3rd February, 2026, as fresh. We expect we will be able
to dispose of the writ petition without adjudication.'
2. 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
WRIC No. 45265 of 2025
3
is warranted.
3. Perused the agreement. We reproduce below clauses 6 and 21
from it.
"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.
............
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."
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.
4. 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.
WRIC No. 45265 of 2025
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5. 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.
6. With above directions, the writ petition is disposed of.
March 19, 2026
Mohini
(Arindam Sinha,J.)
(Satya Veer Singh,J.)
Digitally signed by :-
MOHINI RAI
High Court of Judicature at Allahabad
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