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Granting leave to the BJP to file the appeal, a division bench comprising Justices B Somadder and A Mukherjee said it will hear the matter at 12.30 pm.
The bench directed BJP’s lawyers to serve copy of the appeal to the West Bengal government and other respondents before the matter is taken up for hearing.
A single bench of the high court on Thursday said it cannot grant permission at this stage for the BJP rally in Coochbehar, scheduled to be flagged off by party president Amit Shah on Friday, after the West Bengal government refused to allow the event on the grounds that it might cause communal tension.
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Directing that the rally stands deferred till the next date of hearing on January 9, Justice Tapabrata Chakraborty observed that the prayer of BJP for permission to hold the Rath Yatra cannot be granted at this stage.