ORAL ORDER
Heard learned advocate Mr.Ravirajsingh H. Choudhary for the petitioners and learned Assistant Government Pleader Mr.Kurven Desai for the respondent No.1.
1. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :
"A. YOUR LORDSHIPS may be pleased to allow the present Petition;
B. YOUR LORDSHIPS may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, Order or Direction to Quash and Set Aside Impugned Resolution being dated 26/09/2021 as passed by Respondent no. 3;
C. YOUR LORDSHIPS may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certioray; Or any other appropriate Writ, Order or Direction upon Respondent No.2 to dismiss/reject the Impugned Resolution or any other resolution advancing discrimination against bachelors as a class;
D. YOUR LORDSHIPS may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, Order or Direction upon Respondent No. 2 to dismiss/reject any resolution
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proposed by Respondent No.3 propagating restrictions upon renting out the Flats to any class of people; E. YOUR LORDSHIPS may be pleased to order stay upon any forceful vacation of the rented flat B-101, Ratna Paradise, currently under the possession of the bachelor tenants;
F. YOUR LORDSHIPS may be pleased to direct Respondent No. 3 to abstain and refrain from undertaking any coercive action against the peaceful possession of B—101, Ratna Paradise, held with the bachelor tenants; G. YOUR LORDSHIPS may be pleased to pass any such order and further orders as may deem fit in the interest of Justice."
2.1.It is the case of the petitioner that the petitioner No.1 is the owner of the apartment being B-102, Ratna Paradise, Khoraj, Gandhinagar and petitioner Nos.2 to 8 have executed a rent agreement with the petitioner No.1 on 08.09.2021. 2.2.It is the case of the petitioners that the petitioner Nos.2 to 8 are bachelors students and they study in Nirma Institute in the faculty of Design and Technology and they are not able to find any suitable accommodation as the accommodation is not provided by the Institute of Design, Nirma University to its students. It was submitted that the respondent No.3-Society has passed a Resolution not permitting the member of the Society to give flat on rent to the bachelor students and therefore, being aggrieved by such resolution, the petitioners have approached this Court by this petition with the aforesaid prayers.
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3.1.Learned advocate Mr.Choudhary appearing for the petitioners submitted that the petitioners are having fundamental right under Article 21 of the Constitution of India to stay at the rented premises to pursue their studies and as the respondent No.3-Society has passed the impugned resolution not permitting the petitioner No.1 to let out his flat to the petitioner Nos.2 to 8, the petitioner Nos.2 to 8 are without accommodation though they have entered into a rent agreement with the petitioner No.1.
4. Be that as it may. Challenge to the resolution passed by the respondent No.3-Society is by majority as per the by laws of the respondent No.3-Society and if the petitioner No.1 is aggrieved by such resolution, the alternative efficacious remedy is available to the petitioner No.1 under Section 96 of the Gujarat Co-operative Society's Act, 1961. Therefore, the petitioner No.1 is relegated to avail such remedy keeping all the contentions which are raised in this petition open to be raised before the Board of Nominees for redressal of the grievances raised in this petition.
5. With the aforesaid directions and observations, the petition stands disposed of.
(BHARGAV D. KARIA, J)
PALAK
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