19.02.2026 Sl. No.5 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE CAN 1 of 2026 in W.P.A. No. 17839 of 2024 Smt. Krishna Bhowmik Versus The State of West Bengal & Ors. Mr. Krishnendu Sarkar Ms. Manisha Bose Ms. Meghla Das …for the applicants/respondent nos.6, 7 & 8 Mr. Shounak Ghosh Mr. Sourav Mondal … for the petitioner Mr. Arindam Mondal Ms. Arpita Mondal … for the State Re : CAN 1 of 2026 1. Affidavit-in-opposition filed by the petitioner of WPA 17839 of 2024 is taken on record. 2. Affidavit-in-reply filed by the applicants is also taken on record. 3. This is an application seeking recalling of order dated 27th October, 2025 passed by this Court in WPA 17839 of 2024. 4. By the aforementioned order, the writ petition was disposed of. 5. In an earlier round of litigation filed by one Ms. Krishna Bhowmik being WPA 22055 of 2023 a Co- ordinate Bench of this Court passed the following direction : 2 “ The writ petition is accordingly disposed of by directing the respondent no.4, Pradhan, Aranghata Gram Panchayat to consider and dispose of the representation made by the petitioner, strictly in accordance with law, after giving an opportunity of hearing to all the necessary parties, including the petitioner, at the earliest, but positively within a period of three months from the date communication of a copy of this order. The said respondent shall pass a reasoned order and communhicate4 the same to all the necessary parties, including the petitioner, immediately thereafter.” 6. Subsequent thereto, order was passed by the Pradhan, Aranghata Gram Panchayat, Nadia on 26th June, 2024 without there being specific order for demolition of alleged illegal construction. 7. Being aggrieved by the aforesaid order, the petitioner Ms. Krishna Bhowmik filed the writ petition being WPA 17839 of 2024 which is relevant herein. The said writ petition was disposed of on 27th October, 2025 with the following direction : “13. In view of the above statutory provisions, respondent No.4, Pradhan, Aranghata Gram Panchayat is directed to refer the matter to the respondent No.3, Sub-Divisional Officer, Ranaghat Sub-Division within a period of fifteen days from date of communication of this order. Upon such reference being made, respondent no.3, Sub-Divisional Officer shall take appropriate steps in accordance with Section 23(5) of the Act of 1973 within a period of four weeks from date of receipt of such reference.’ 8. The aforesaid order was challenged by the applicants before the Hon’ble Division Bench in appeal being MAT No.2000 of 2025. The appeal was disposed of granting liberty to the appellant to file application before the learned Single Judge with sufficient ground to demonstrate that the matter was proceeded ex parte without due notice to him. 9. Accordingly, the applicants have filed the present application for recalling the order dated 27th October, 2025 passed in WPA 17839 of 2024. 3 10. Mr. Krishnendu Sarkar, learned Advocate appearing on behalf of the applicants/respondent nos.6 to 8 submits that the Pradhan, Aranghata Gram Panchayat, District Nadia has proceeded with the hearing without serving any notice upon the applicants. The writ petition was listed initially in February, 2025 and thereafter it never appeared till it was listed on 27th October, 2025 upon mentioning by the learned Advocate on record for the petitioner. No notice of mentioning was served upon the learned Advocate for the applicants/respondent nos.6 to 8. Therefore, the applicants/respondent nos.6 to 8 did not have any knowledge regarding the matter being taken up by this Hon’ble Court. On such score, he seeks for recalling of the said order dated 27th October, 2025. 11. Mr. Shaunak Ghosh, learned Advocate for the petitioner in the writ petition submits that the matter has come up on 27th October, 2025 normally. He also disputes the fact that the notice was not served upon the applicants/respondent nos.6 to 8 by the Pradhan of the concerned Gram Panchayat prior to taking up hearing pursuant to order passed by this Court. 12. Upon going through the daily list of 27th October, 2025 it appears that the matter has been listed under item no.26 with the indication ‘Top’ which in all probability has come up with such indication being mentioned. Nothing has been placed on 4 record that such mentioning was notified to the learned Advocate for the applicants/respondent nos.6 to 8. On enquiry of this Court Mr. Ghosh, learned Advocate for the petitioner submits that he cannot recollect whether any mentioning for expeditious hearing of the matter was made before this Court or not. Thus, it appears that the petitioner in the writ petition fails to sufficiently dispute the contention of the applicants that such mentioning on behalf of petitioner was done without there being any notice of mentioning served upon the applicants/respondent nos. 6 to 8. 13. In such backdrop, the order dated 27th October, 2025 passed in WPA 17839 of 2024 is hereby recalled. 14. The application being CAN 1 of 2026 is allowed and disposed of accordingly. 15. Let the writ petition being WPA 17839 of 2024 be placed before the Bench having determination as per convenience of the said Bench. (Bivas Pattanayak, J.)