09.06.2025. Item No. 15 Court No. 13 sp FMA No. 373 of 2025 With CAN 1 of 2025 Sri Dilip Kumar Saha Versus The State of West Bengal & Ors. Mr. Sanjib Bandyopadhyay. ….For the appellant. Mr. Lalit Mohan Mahata, ld. A.G.P., Mr. Prasanta Behari Mahata. ..for the State. Mr. Sauradeep Dutta, Mr. Himadree Ghosh. ….for the respondent nos. 2 and 3. 1. The appeal is directed against the judgment and order dated 7th February, 2025 passed by a Single Bench in WPA 9674 of 2024. 2. By the impugned order, the Single Bench directed the Pradhan, Baliguri-I Gram Panchayat to inspect as to whether the writ petitioner is effecting any construction more than a gate on his premises. Admittedly, there is a boundary wall existing in the said premises in all four sides since the year 1997. 3. It is clear and explicit from the provisions of Rule 19(1) of the West Bengal Gram Panchayat Administration Rules, 2004 that no permission is required for construction over a thatched roof tin shed etc. and hence even for the construction of a gate, for that matter. The permission of the Gram Panchayat is required for setting up of any construction that involved laying brick and cement and concrete work. 4. The admitted position, therefore, is that for the purpose of a near erection and setting up of a gate on a boundary wall, there may be a minor breakage of the existing boundary wall and cementing thereof to accommodate the gate in question. Such minor work does not require the permission of the gram panchayat. 5. In the backdrop of the above, this Court finds that the impugned order directing the Pradhan, Baliguri-I Gram Panchayat to inspect the premises while the appellant erects his gate on the existing boundary wall calls for no intereference. 6. FMA 373 of 2025 is, therefore, disposed of without any further order. 7. The stop work notice issued by the concerned Gram Panchayat to the appellant shall be kept in abeyance in respect of the gate shall stand set aside. 8. In view of the above CAN 1 of 2025 shall also stand disposed of. 9. There shall be no order as to costs. 10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) 2 (Ajay Kumar Gupta, J.) 3