Gujarat High Court: In a petition challenging a notice by the Court ordering the petitioners to vacate the subject premises used as a P.G. hostel, a Single Judge Bench of Mauna M. Bhatt, J.*, held that registration or permission from the authorities concerned is mandatory for operation and use of premises as PG Hostels or Home Stays.
Background
The present case is a writ petition that has been filed challenging the notice dated 23-4-2025 asking the petitioners to vacate the premises being used as Paying Guest Hostel (PG Hostel) within a period of 7 days.
Petitioner 1 is the owner of the premises and had leased the subject premises to Petitioners 2 and 3 for use as PG Hostel by accommodating 8 other guests. The respondents, following the order dated 11-6-2025, sealed the subject premises on the ground that the petitioners are using the premises as PG Hostel and not Home Stay as stated in the petition.
The petitioners averred that they had already filed an application seeking registration of the premises as Home Stay before the State Authority. While the application was pending, an order was passed on 13-6-2025 directing the respondent to open the seal. The respondents pointed out that the application of the petitioners was rejected by the authority concerned.
Analysis, Law and Decision
The Court in the present case noted that the dispute is limited to the question of use of premises as PG Hostel by the plaintiffs while claiming to operate it as a Home Stay. Considering the facts of the case, the Court directed that the order dated 13-6-2025, be continued for a period of one week. The respondents were directed to open the seal and allow the 8 guests living in the premises to vacate and find alternate living arrangements.
The Court further held that the registration/permission from the authority concerned is mandatory for operating the premises as PG Hostels or Home Stays. The conditions mentioned in the policy must also be fulfilled. In furtherance of the same, the respondents were directed to widely publicise the requisitions to be fulfilled prior to the use of premises as Home Stays or PG Hostels.
[Mukesh Bhanwarlal Bhandari v. State of Gujarat, R/Spl. CA No.7277 of 2025, decided on 17-6-2024]
*Order by: Justice Mauna M. Bhatt
Advocates who appeared in this case :
For the Plaintiffs: Vidhi J Bhatt, Advocate
For the Respondent: G H Virk, Dilip R Shah, Advocates
