ORDER :

1. The present Letters Patent Appeal is filed against the judgment and order dated 02.05.2024 passed by the learned single Judge allowing a writ petition filed by the Co-operative Housing Society, which has decided for re-development as contemplated under the Gujarat Ownership Flats Act, 1973 (hereinafter referred to as ‘the Act 1973’). While allowing the writ petition, the learned single Judge has directed the private respondents 6 to 9 to vacate their respective flats falling within the jurisdiction of the petitioner Co-operative Society and handover the peaceful and vacant possession thereof for re-development as per the aforesaid provisions within eight weeks from the date of receipt of the order and further to co-operate in the re-development of the petitioner No. -1 society. Out of four respondents against whom the direction has been issued by the learned single Judge, three are before us in the instant appeal.

2. Challenging this order, the learned counsel for the appellant has vehemently submitted that no mandamus can be issued against the private persons, as the private respondents before the writ court-the appellants herein, are not performing any public law functio