14.09.2026 rc/ct.no.15 Item No.44 WPA No. 13883 of 2026 Kushan Sikder Versus The State of West Bengal & Ors. Adv. Raj Kumar Sain ..for the petitioner Adv. Madhu Jaha Adv. Puja Sonkar ….for the State Adv. R. Ahmed Khan …for the Private Respondent The petitioner has assailed the notice issued by the Panchayat on June 05, 2026 requesting him to stop the construction of the boundary wall and appear before the authority with relevant documents on June 16, 2026. Learned counsel for the petitioner submits that though the petitioner appeared before the authority on the said date and hearing was held, no further date of hearing was fixed by the authority. The matter is still pending. Learned counsel submits that no sanction is required for raising a boundary wall. The petitioner seeks quashing of the stop work notice. Learned counsel places reliance on a judgment delivered by a Hon’ble Division Bench of this Court in the authority in Tapan Kumar Dutta & Ors. Vs. The State of West Bengal & Ors. reported in 2016 SCC OnLine Cal 5044 in support of his contention. Learned counsel for the private respondent submits that since the issue is pending before the Panchayat, the said authority may be directed to take the same to its logical conclusion in accordance with law. Rule 19(3) of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004 enumerates that permission of a Gram Panchayat shall not be necessary for erection of a boundary wall unless it is made of brick or cement and the bounded area is not kept as vacant land but is used or likely to be used as stockyard or for any commercial or institutional purpose either on open space or by erecting temporary shed. Herein, it is not in dispute that a boundary wall is being raised around a vacant land recorded as Danga. Therefore, no permission of the Panchayat is required for construction of such a boundary wall. The Pradhan had no authority to issue the stop work notice to stall the said construction. The notice is bad in law and is therefore quashed. The writ petition is accordingly allowed. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. 2 (Suvra Ghosh,J) 3