04.02.2026 Item No.14 Ct. No.01 RP MAT 1447 of 2024 + IA No.CAN 1 of 2024, CAN 2 of 2024 Sri Jayanta Bhusan Bhattacharjee VS State of West Bengal & Ors. Ms. Soumi Guha Thakurata Ms. Raima Ganguly …For Appellant Mr. Sobhan Majumdher …For Respondent No.5 PER, SUJOY PAUL, CJ.: 1. Parties are represented through their respective counsels. 2. Affidavit-of-service filed in Court today be kept on record. 3. With consent finally heard. 4. Learned counsel for the appellant/private respondent raised singular submission. She submits that she received notice in the proceeding of WPA 4205 of 2024 when the said matter was in the monthly list before the learned Single Judge. The writ petitioner got it preponed and for such preponement, no notice or information was given to the present 2 appellant/private respondent. The learned Single Judge passed the order dated 12.07.2024, which effects the present appellant prejudicially but the present appellant was not afforded an opportunity of hearing. 5. On a specific query from the Bench the learned counsel for the writ petitioner fairly submits that the notice of WPA 4205 of 2024 was indeed served but it is a fact that for preponement the present appellant was not put to notice. Learned advocate for the writ petitioner submits on merit that he has a very good case. 6. In our opinion, once it is clear and admitted that while hearing the matter upon preponement on 12.07.2024 the present appellant was not noticed for preponement and heard the impugned order suffers from procedural flaw and said order cannot sustain judicial scrutiny. Resultantly, for the aforesaid singular reason, the order dated 12.07.2024 is set aside. 7. The writ petition, being WPA 4205 of 2024, is restored to its original file and number. 3 Registry of this Court shall list WPA 4205 of 2024 before the appropriate Bench having determination on 23.02.2026. No separate notice will be required to be issued to the parties and this order shall be treated to be sufficient notice to the parties. 8. Learned Single Judge is requested to decide the matter in accordance with law. It is further made clear that this Court has not expressed any opinion on merit of the case. 9. The appeal and the connected applications are, thus, disposed of. 10. Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of all formalities. [SUJOY PAUL, CJ.] [PARTHA SARATHI SEN, J.]