After hearing an appeal by the BJP, Justice Tapobrata Chakraborty allowed the rallies to be taken out, but said the organisers have to inform the police superintendent of the district concerned 12 hours before taking out the yatra.
The division bench on Friday said the order needs to consider afresh the 36 intelligence inputs submitted by the state government before the single bench.
Advocate General Kishore Dutta, representing the state, said that the single bench had not considered the intelligence inputs submitted to it in a sealed cover and had returned it to him without even opening it.
Dubbed as the 'Save democracy rally', the Mamata Banerjee led Trinamool Congress government had last week rejected BJP's plea to hold the 'Rath Yatra'. It had said there was "grave apprehension of major breach of peace and communal violence during and in the aftermath" of the programme.
The BJP had moved a single bench of the Calcutta High Court on December 17 after the Bengal government's decision and proposed December 22, 24 and 26 as fresh dates for the three Rath Yatra rallies.