Gujarat High Court Mandates Registration For Use Of Premises As Home Stay Or PG Hostel

The Court continued its direction allowing the Petitioners to use their premises as a Paying Guest Hostel for a further week. The Court also issued a directive to the State of Gujarat to widely publicise the requirements to be fulfilled prior to use of premises either as Home Stays or P.G. Hostels.

A Single Bench of Justice Mauna M Bhatt directed, “At this stage, considering the averments made in the affidavit of respondent corporation that for use of premises either as Home Stay or as P.G. Hostel, necessary registration/ permission from the concerned authority is mandatory. Moreover, conditions referred in the policy are also required to be fulfilled. Therefore, this Court deems it appropriate to direct respondents to widely publicize by appropriate means the requirements to be fulfilled prior to use of premises either as Home Stay or P.G. Hostel.”

Advocate Vidhi J Bhatt appeared for the Petitioners, while Advocate GH Virk represented the Respondents.

Brief Facts

The Petitioners had filed the writ petition challenging a notice which called upon them to "vacate the subject premises used as Paying Guest Hostel (P.G. Hostel) within a period of 7 days." Following the issuance of notice by the Court, interim Orders were passed.

Court’s Reasoning

The High Court noted, “This Court issued notice on 22.05.2025. Thereafter, order dated 11.06.2025 was passed by respondent – Corporation putting seal on the subject premises, on the ground that petitioners are using the premises as P.G. Hostel and not Home Stay as stated in the petition. The petitioner No.1 as owner had leased the subject premises to petitioner Nos.2 and 3 who are running the P.G. Hostel by accommodating 08 other guests.”

The Bench further noted that “it is case of the petitioners that after order dated 11.06.2025, the petitioners had filed an application seeking registration of Home Stay before the State Authority and the same was pending and therefore, the order dated 11.06.2025 of seal may not be acted upon. Considering the pendency of the petitioners’ application seeking registration of the subject premises for Home Stay, an order dated 13.06.2025 was passed directing the respondent – Corporation to open the seal. The matter was thereafter adjourned to 17.06.2025.”

“Thus, false averments are made on oath that the subject premises is used as Home Stay. Therefore, the petitioners may not be permitted to use the subject premises illegally, accordingly the seal order dated 11.06.2025 may be restored,” the Court held.

However, the Bench pointed out, “Learned AGP Mr. Sahil Trivedi for the State submitted that the application filed by the petitioners seeking registration of Home Stay of the subject premises has been rejected and the affidavit placing the said order on record shall be filed during course of the day. Therefore, the petitioners may not be allowed to use the subject premises and the order dated 11.06.2025 may be acted upon.”

Consequently, the Court ordered, “Therefore, in the opinion of this Court, the petitioners cannot be permitted to run the business by having illegal use of the subject premises. On the above fact situation, it is directed that order dated 13.06.2025 directing the respondents to open the seal and to permit the petitioners to use the subject premises is continued for further period of one week from 17.06.2025. In the meantime, it is open for the 8 guests (other than petitioner Nos.2 and 3) to make alternative arrangements for their stay.”

Accordingly, the High Court adjourned the matter to 24th June, 2025.

Cause Title: Mukesh Bhanwarlal Bhandari & Ors. v. State Of Gujarat & Ors. (R/Special Civil Application No. 7277 of 2025)

Appearance:

Petitioners: Advocate Vidhi J Bhatt

Respondents: Advocates GH Virk and Dilip R Shah

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