Neutral Citation No. - 2025:AHC-LKO:5555 Court No. - 19 Case :- WRIT - C No. - 433 of 2025 Petitioner :- Helping Youth Foundation A Registered Society Thru. Treasurer Prem Kumar Gupta Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Social Welfare Govt. Of U.P. Lko. And 6 Others Counsel for Petitioner :- Dr. Pooja Singh,Abhishek Yadav,Surya Prakash Tiwari Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard Dr. Pooja Singh learned counsel for petitioner and learned State Counsel for opposite parties. 2. On 17th January, 2025, following order had been passed:- "1. Heard learned counsel for petitioner and learned State Counsel for the opposite parties. 2. Petition has been filed challenging order dated 17.12.2024 whereby recognition and approval accorded to petitioner-society for conduct of an old age home in district Etawah has been cancelled along with a further direction for initiation of proceedings for black- listing petitioner-society. Also under challenge are enquiry report dated 06.09.2024 and letter dated 18.09.2024. 3. Learned counsel for petitioner submits that the enquiry report ex facie indicates that the same has been submitted without any material being available before the Enquiry Officer pertaining to allegations levelled against petitioner. It is further submitted that no opportunity of hearing whatsoever was provided to petitioner- society and therefore not only the enquiry report but even the impugned order dated 17.12.2024 has been passed in an ex parte manner. It is also submitted that in pursuance of impugned orders, old inmates of Old-age-home are being disturbed since as per impugned order they have been directed to be accommodated in other districts. 4. Prima facie, submissions advanced by learned counsel for petitioner appear to have force and require consideration for which learned State Counsel is granted two days' time to seek instructions. 5. List this case on 22.01.2025, as fresh. 6. Till next date of listing, impugned order dated 17.12.2024 shall remain stayed only so far as it pertains to shifting of inmates of old- age Home. District Administration shall ensure smooth operation of the old-age Home concerned till next date of listing." 3. Subsequently further directions were also issued on 22nd December, 2025 in view of the fact that apparently various inquiries against petitioner were pending. 4. In pursuance of directions issued earlier, written instructions have been provided to learned State Counsel dated 27th January, 2025, a copy of which is taken on record. 5. The primary thrust of submissions of learned counsel for petitioner is that the impugned order has been passed without affording opportunity of hearing to petitioner and is stigmatic in nature. 6. From a perusal of instructions taken on record today, the aforesaid aspect has not been addressed as to whether any specific opportunity of hearing was ever provided to the petitioner's organization. 7. A perusal of impugned order dated 17th December, 2024 also reveals that there is no submission indicated made by petitioner's organization which was dealt with by the authority. The order also does not advert as to whether any notice was ever issued to the petitioner. 8. The instructions also indicate that various inquiries against the petitioner's organization are pending and a conjoint hearing with regard to such complaints or inquiries can be made at the directorate level. 9. In view of aforesaid facts as discussed herein above, it being apparent that no opportunity of hearing was granted to petitioner prior to passing of impugned order which is stigmatic in nature, the government order dated 17th December, 2024, letters dated 21st October, 2024 and 18th September, 2024 alongwith inquiry report dated 6th September, 2024 are hereby quashed by issuance of writ in the nature of Certiorari granting liberty to the opposite party No.3 i.e. Director, Directorate of Social Welfare, Government of U.P., Lucknow to pass fresh orders expeditiously with regard to allegations levelled against the petitioner' organization after affording due opportunity of hearing to them and considering the submissions raised by petitioner's organization subject to cooperation of the petitioner's organization in early conclusion of entire proceedings. 10. Resultantly the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. Order Date :- 28.1.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench