RIDO (Rural lnfrastructure Development Organization) v. 'l . The State of Telangana

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents especially 4th Respondent in issuing impugned Notice No.19O2lEOl2O24, dt.29 OB-2O24 cancelling the License of petitioner organization to run the Swadhar Greha at Nizamabad and Bodhan as illegal, arbitrary, violative of Article .t 4, 1 6 of the Constitution of lndia and Rule 9 and other Rules of Women and Children,s lnstitutions (Licensing) Rules 2010 issued vide G.O.Ms.No.3O , dt.27 -06-2011 Department of Women, Children, Disabled and Senior Citizens (JJ) and principles of natural justice and consequently Set aside the same in the interest of justice. LA.NO:1 OF 2024 Petition Under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, tl'ie High Court may be pleased to Suspend the impugned Notice No. 19021EO12024, dt.29-O8-2O24 issued by the 4th Respon(ent cancelling the License of petitioner organization to run the Swadhar Greha at Nizamabad and Bodhan in the interest of justice. Counsel for the Petitioner : SRI LAKKADI DAYAKER REDDY Counsel for the Respondent Nos.1, 2 &4: GP FOR WOMEN DEVELOMENT AND CHILD WELFARE Counsel for the Respondent No.3 : G.P FOR REVENUE The Court made the following ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT P ITI ON No.36685 oF 2024 ORDER: Heard Sri Lakkadi Dayakar Reddy, learned counsel appearing on behalf of the petationer, learned Government Pleader for Women Development and Child Welfare appearing on behalf of the respondent Nos.1, 2 & 4 and learned Assistant Government Pleader for Revenue appearing on behalf of the respondent No.3.

2. The petitioner approached the Court seeking prayer as under: "...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents especially 4th Respondent in issuing impugned Notice No.l902/EO/2024 dt 29.08.2024 cancelling the License of petition€r organization to run the Swadhar Greha at Nizamabad & Bodhan as illegal arbitrary, violative of Article 14, t6 of the Constitution of India and Rule 9 and other Rules of Women and Children's Institutions (Licensing) Rules 2010 issued vide G.O.Ms.No. 30, dt 27.06.201t Department of Women, Children, Disabled and Senior Citizens (ll) and principles of natural justice and consequently Set aside the same in the interest of justice and pass.... " 2

3. It is the case of the petitioner that, the petitioner herein is a Non-Governmenta! Organization which is registered in the name and style as *RIDO (Rural fnfrastructure Development Organizataon and since its inception, the petitioner organization had been engaged in welfare activities. While recognizing the need to prevent women from exptoitation and to support their survival and rehabititation the Department of Social Welfare, Government of India started "Short Stay Homes Scheme,, subsequenfly, A Scheme for Women in difficult "Swadhar" clrcumstances was launched. The petitioner herein participated in the implementation of these schemes by running Short Stay Homes, Swadhar, Family Counselling Centres. Thereafter, the Ministry of Women and Child Development had introduced the "swadhar Greh Scheme" w.e.f. O1.01.2O16 by merging the earlier two schemes viz: Swadhar and Short Stay Home. fn J sN. r pursuance to the new scheine, the petitioner organization applied for sanction of license to run Swadhar Homes & Short Stay Homes in 2014 and license vide License No.18a2l19 70/2}:-3t dated 17.01.2015 was granted to the petitioner to establish two homes i.e. one at Nizamabad and another at Bodhan. The license had been renewed vide License No.1882/197012OL3, dated 13.03.2020 and for further renewal the application is pending with the authorities. While things stood thus, the 4th respondent issued notice No. 19O2,/EO/2024, dated 29.08.2O24 cancelling the license of Swadhar Greha run by petitaoner organization, falsely alleging that certain tapses were noticed and notices were issued, in spite of that, the petitioner organization had failed to attend to the lapses noticed and intimated to the petitioner through notices issued to the petationer and the petitioner failed to run Swadhar Greha as per procedure. It is further the case of the petitioner that though, the petitioner's organization had taken atl remedial measures and submitted its reply and despite submitting the replies 'I 4 and complying with alt the obiections, the 4th respondent time and again issued memos/notices. Aggrieved by the said action of the respondents in cancelling the petitioner organization,s licences, the present Writ Petition is filed.

4. This Court vide its order dated 03.01.2025 in I.A.No.O1 ol 2024 passed interim orders in favour of the petitioner observing as under:- ,' Heard learned counsel appearing on behalf of the petitioner and learned Government pleader for Women Development and Child Welfare appearing on behalf of the respondent Nos.1, 2 & 4. The oetitioner aoDroac hed this Cou rt seekino lnterim reli ef orave r as und er: - "...to suspend the impugned Notice No. 1902/EO /2024, dt 29.08.2024 issued by the 4th Respondent canceling the License oF petitioner organization to run the Swadhar Greha at Nizamabad and Bodhan in the interest of justice and pass....,, Aba re oerusal of th e N o,1 02lEO/2 o24. dated 29.08.2 mouoned Notice O24 issued bv { 5 the 4th resoondent clearlv indicates that the id down er CIau rta in in the Revocation of Lice se as stioula G.O.Ms. o.3O, dated 27.O6.2O[L admittedlv had not been followed. Cla use extracted hereu der:- of G.O.M .N s o o. dated 27 .o5 2011 i s

9. Revocation of License: The Licensing Authority or Direction, Women Development & Child Welfare or Government may, as the case may be without prejudice to any other penalty to which a person to whom a license has been granted may be liable, under this Act or any other statute, revoke the license. (a) if it is satisfied that the institution is not being conducted in accordance with the conditions laid down in the rules or the license, (b) the management of the institution is being persistently carried on in an unsatisfactory manner or is being carried on in a manner highly prejudicial to the moral/physical/mental well- being of the inmates; (c) the institution has in the opinion of the Licensing Authority. otherwise rendered itself unsuitable for the purpose; (d) If there is any instance of neglect/abuse/exploitation of the inmates, by the staff or any other person (e) If complete and correct information is not provided, as prescribed by Government or licensing authority. 6 (f) If information of "missing', or ,'found person,, is not provided on website and to the concerned as prescribed. (g) If there is any violation of minimum standards of care and protection or guidelines as prescribed by Government and licensing authority from time to time. e v ke Provi of rev d m eun s to show ca us as to whv the In e r und person inth e Drescrl bed ma ner. Provided (ii) further that for reasons to be stated in writing and where situation warrants in the interbst of inmates or residents, the licensing authority may suspend the license and order for closure of the institution without following the above proviso.,, tes ould not o ted oth m unt cons ideratton: Ta kinq in (a) The submissions made by the learned counsel appearing on behalf of the petitioner and also the learned Government pleader for Women Development and Child Welfare appearing on behalf of the respondent Nos.1, 2 & 4, (b) The averments made in the affidavit filed by the petitioner in support of I.A.No.O1 of 2024 in W.P.No.366BS of 2024, (c) The fact as borne on record that the procedure laid down under clause g of G.O.Ms.No,3O, dated 27.O6.2O1L (referred to and extracted above) had not been foilowed, /- 7 (d) Since impugned proceedings, dated 29.OA.2O24 are in clear violation of principles of natural justice, There shall be interim suspension of the impugned Notice No.19O2lEO 12024, dated 29.OA.2O24 issued by the 4th respondent for a period of four (O4) weeks from the date of receipt of copy of the order."

5. Learned Government Pleader for women Development and Child Welfare appearing on behal.f of the respondent Nos.1, 2 & 4 fairly submits that in the impugned proceedings present case, No.19O2IEO /2C.24, dated 29.O8.2024 assued by the 4th respondent is in clear violation as per procedure as mandated under Clause 9 pertaining to the Revocation of License as stipulated under G.O.Ms.No.3O, dated 27.O6.2OLL and hence,th e imouqned Dro dinqs of h 4th res o ted 29. 2 24 could h n o fr sh in the llowin sti ou lat under Clause of G.O.Ms.No.3O. dated

27.06.20LL. 6 c e iti ner d b h G V r e t t h s o d nt N 8 a a 4 h tf t u n a r n b h lf Ta ki r ti n The aforesaid facts and circumstances of the case. i) ii) The submissions made by the learned counsel appearing on behalf of the petitioner and tearned Government pleader for Women Development and Child Welfare appearing on behalf of the respondent Nos.1, 2&4. iii) The interim order granted by this Court, dated 03.01.2025 passed in I.A.No.O1 of 2024. iv) The fact as borne on record that admittedly the impugned proceedings No.l9O2lEO /2fl24, dated 29.OA.2O24 had been issued by the respondent No.4 in clear violation of the procedure laid down under Clause 9 of G.O.Ms.No.3O, dated 27.06.2O11 pertaining to the Revocation of License. |, 9 sri J The Writ petition is altowed and the impugned proceedings No.1902lEo/2o,24t dated 29.08.2024 issued by the 4th respondent is set_aside, giving liberty to the respondents to initiate appropriate action afresh by following the due procedure as laid down under clause 9 pertaining to the Revocation of License as stipulated under G.O.Ms.No.3O, dated 27.(,6.2OtL. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. To //TRUE COPYII SD/.A.V.S.PRASAD ST NT REGISTRAR CTION OFFICER

1. The Secretary, Women and Child Welfare Department, Secretariat Building, State of Telangana at Hyderabad.

2. The Commissioner/Director, Women, Children, Disabled and Senior Citizens, Govemment of Telangana, Venglarao Nagar, Hyderabad.

3. The District Collector, Nizamabad District, Nizamabad. 4. The District Welfare Officer, Women, Children, Disabled and Senior Citizens. Nizambad.

5. Two CCs to GP FOR WOMEN DEVELOMENT AND CHILD WELFARE, High Cou( for the State of Telangana at Hyderabad. [OUT]

6. Two CCs to GP FOR WOMEN DEVELOMENT AND CHILD WELFARE, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI LAKKADI DAYAKER REDDY, Advocate [OPUC] B. Two CD Copies SA GJP L , HIGH COURT DATED:2910112025 ORDER WP.No.36685 of 2024 €a STATE o v t I \ti 1$15 1 $ f c o i -.o v'(' 1 * FL, DISPOSING OF THE W.P WITHOUT COSTS.