Calcutta High Court
WPA(P)/286/2026 of JIYARUL SEIKH Vs STATE OF WEST BENGAL AND ORS. on 17 August 2026
Item No.10 Court No.01 KCP WPA(P) 286 of 2026 with IA No.: CAN 1 of 2026 Jiyarul Seikh - Versus - The State of West Bengal & Ors. Mr. Pritam Chowdhury Mr. Sourav Mondal …. For the petitioner Mr. D. N. Ray, Ld. G.P. Mr. Ajit Kumar Mishra, Ld. A.G.P. Mr. Madhu Jana Mr. Gopal Krishna
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25.08.2026 Item No.10 Court No.01 KCP WPA(P) 286 of 2026 with
IA No.: CAN 1 of 2026
Jiyarul Seikh
- Versus - The State of West Bengal & Ors.
Mr. Pritam Chowdhury Mr. Sourav Mondal …. For the petitioner
Mr. D. N. Ray, Ld. G.P. Mr. Ajit Kumar Mishra, Ld. A.G.P. Mr. Madhu Jana Mr. Gopal Krishna Sarkar Mr. Milind Mohul Ghosh …. For the State respondents
Mr. Rahul Agarwala Mr. Vinayak Chaubey …. For the respondent no.6
Mr. Mainak Bose, Sr. Adv. Mr. L. Bhattacharya …. For the applicants
The present application being CAN 1 of 2026 has been preferred for recalling of the order dated 17th August, 2026 passed by this Court in the writ petition being WPA (P) 286 of 2026. Mr. Bose, learned senior advocate appearing for the respondent nos.13 and in the writ petition/applicants herein submits that the writ petition was initially taken up for hearing on 7th July, 2026 and as no one appeared on behalf of the State, the matter was adjourned. Thereafter, the matter was again taken up for hearing on 21st July, 2026, when none appeared on behalf of the parties and accordingly, the matter was again adjourned for two weeks. Subsequent thereto, the writ petition was mentioned on behalf of the petitioner for enlistment. The matter, thereafter, appeared on 17th August, 2026 under the heading ‘To Be Mentioned’ marked as for ‘Non-prosecution’. Such mentioning for inclusion was without any notice to the applicants herein and that as such, no one represented the applicants on 17th August, 2026. During the said period the applicant no.1 went to Chennai for the treatment of his wife. In the said conspectus, Mr. Bose prays for recalling of the order as the applicants did not get any opportunity of hearing on the said date. Mr. Chowdhury, learned advocate appearing for the writ petitioner submits that on 17th August, 2026, as a report was filed by the State respondents, the writ petition was disposed of on the basis of the steps taken by the State respondents. Mr. Mishra, learned Additional Government Pleader enters appearance on behalf of the State respondents and submits that the writ petition was disposed on the basis of the report filed by the respondent no.6. It appears from the list published on 17th August, 2026 that the matter was enlisted under the heading ‘To Be Mentioned’ for ‘Non-prosecution’. No notice towards such enlistment was served upon the
applicants and the writ petition was disposed of on merits in the absence of the said applicants. In view thereof, the order dated 17th August, 2026 is recalled and the writ petition is directed to be listed for consideration afresh in the daily supplementary list of this Court on 21st September, 2026. The application being CAN
of is, accordingly, disposed of.
(Atarup Banerjee, J.) (Tapabrata Chakraborty, A.C.J.)