1 28.09.2026 Ct. No.758 Sl. No.70 BM WPA 28539 of 2024 Subrata Pandey Vs State of West Bengal & Ors. Mr. Varun Kothari Mr. Arya Bhattacharyya Mr. Zainab Kamal …for the petitioner Ms. Madhu Jana Ms. Puja Sonkar …for the State Mr. Varun Kothari representing the Writ Petitioner submits that the petitioner is a resident of a flat situated on the 3rd floor of a building which is owned by the private respondents. 1. The petitioner has purchased the said flat from the private respondents. 2. It is submitted by the petitioner that a dispute arose between the parties because the owner of the said property started misusing a room situated on the ground floor of the building by letting out the same for ceremonial purposes to outsiders. The petitioner asserts that such common area of the building was contemplated only for residential use and not for commercial exploitation. 3. It is further argued that such wrongful use of the property was contrary to the municipal rules. 4. It is submitted by the petitioner that upon the petitioner resisting such illegal use of the said area on the ground floor, the land owner wrongfully prevented the petitioner from using the lift up to the 3rd floor by locking the same. 5. It is further submitted that the petitioner is continuously restrained and/or prevented from accessing the said lift to the 3rd floor. 6. After the writ petition was filed, a report was called for from the concerned police station. 7. It is submitted by the petitioner that upon filing of the writ petition, the private respondent stopped letting out the said area for ceremonial purposes to outsiders. However, the petitioner's grievance with regard to non-accessibility to the lift subsists. 2 8. The private respondent is not represented. 9. The State is represented and files a report which is taken on record. 10. Mr. Varun Kothari, learned counsel appearing for the petitioner, submits that in such circumstances, the petitioner was compelled to file Title Suit No. 1237 of 2025 before the learned Civil Judge (Junior Division), 2nd Additional Court, Alipore, South 24 Parganas, inter alia, praying for an injunction restraining the private respondents herein from disturbing the peaceful possession of an owner over the common places. 11. Mr. Varun Kothari has placed a copy of the order dated August 20, 2025, passed by the learned Civil Judge, whereby the learned court below allowed the ad-interim prayers restraining the private respondents herein from disturbing the peaceful possession of the petitioner over the common spaces. 12. In view of the aforesaid facts, this court finds that inasmuch as the petitioner has already obtained interim orders from the Civil Court, no further orders are required to be passed in the present writ petition. 13. The writ petitioner shall be at liberty to agitate his grievance before the concerned Police Station in the event the private respondents commit any cognizable offence against the petitioner herein. The allegations that the petitioner is wrongfully restrained from accessing the lift, prima facie, constitutes an offence of wrongful restraint. The petitioner has other recourses available to him in law, if an offence is committed. 14. It is further clarified that this court has not entered into the merits of the claims of the petitioner or the private respondents and has left the issues open to be decided by the appropriate forum of law. 15. WPA 28539 of 2024 stands disposed of without any order as to costs. 16. All parties are to act on a server copy of this order duly downloaded from the official website of this Court. (Anuj Singh, J.)