Ganesh Mondal v. State Of West Bengal & ORS

S/L 11 17.2.2023 Court. No. 19 sn W.P.A. 6823 of 2017 Ganesh Mondol VS The State of West Bengal & Ors.

Mr. Anil Kumar Chattopadhyay ... for the Petitioner.

Ms. Subhra Nag ..for the State The petitioner prays that the panchayat authorities be directed to grant permission to the petitioner for repairing the shop room.

Records reveal that such permission was allowed by the learned Civil Judge (Junior Division), Amta, District Howrah. The petitioner was allowed to repair the straw shed of the suit room at his own cost, without claiming any equity.

Thus, further permission from the panchayat authorities is not required as the civil court had already granted permission to repair the straw shed, but there is no order for replacement of the straw shed by tin shed.

Under the panchayat laws, repair which did not change the nature and character of the construction or did not alter either the projection or external elevation and the plinth area etc., could be carried out without permission.

Thus, no further order is required to be passed in this writ petition.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)