JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The private respondent, whose ownership in respect of the premises at building no. 12/1, Keyatala Lane, Kolkata – 700 029, has been challenged by the petitioners, who claim to be owners of the premises. The bone of contention is a lift installed by the private respondent no. 2 in the suit building. According to the petitioners, the installation and operation of the same is unlawful, being contrary to the existing law.

2. The petitioners have specifically challenged a communication by respondent no. 1, the Joint Chief Electrical Inspector and Member Secretary (Lifts), Directorate of Electricity, Government of West Bengal. Vide such communication no. SS/397 dated February 22, 2022, the respondent no. 1 intimated the respondent no. 2, with reference to a letter dated February 17, 2022 by respondent no. 2 regarding permission of install and operate such lift, that, as per the West Bengal Lift and Escalator Act and Rules, a single phase home lift does not require any licence from the Directorate of Electricity, Government of West Bengal. It was further indicated that hence, the respondent no. 2 need not require erection permission and licence for