Sneha Mondal And ANR. v. Union Of India And ORS.
24.09.2025 Sl.No. 16 Ct.No. 23 Amalranjan In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 12968 of 2025 Sneha Mondal and anr.
Vs.
The Union of India and ors.
Mr. Don Sen ...for the petitioners Sk. Md. Galib Mr. Santanu Chatterjee ...for the State respondents Ms. Rashmi Bothra Mr. Samrat Ghosh ...for the UOI
1. The petitioners filed this writ petition seeking a direction upon the respondent authorities to issue a long-term visa or X-I visa in favour of the petitioner no. 2 in accordance with law.
2. The writ petitioner no. 2 is a citizen of Peoples Republic of Bangladesh who had earlier obtained a student visa till 17.01.2022.
3. It is the case of the petitioner no. 2 that he got married with the petitioner no. 1, an Indian citizen under the Special Marriage Act, 1954. Thereafter, when he applied for conversion from stay visa to long term visa with the respondent no.13 on 08.08.2023, he was asked to apply for conversion to X-1 Entry visa on 21.08.2023.
4. It is further submitted that on 21.01.2023 he applied afresh and some documents were required by the authority. All relevant documents as required by the respondent authorities have been submitted by the Petitioner No. 2 Online.
5. The authority issued a notice requesting him to appear personally for meeting before the concerned authority on 07.11.2023 vide notice dated 8th Nov, 2023. The Petitioner could not appear as notice was served on 08.11.2023. It was impossible for him to meet on 07.11.2023 when notice itself was served on 08.11.2023.
6. In such circumstances, he did not get time or proper opportunity to appear before the concerned authority to place his case.
7. On the other hand, learned counsel appearing on behalf of the respondent nos. 2 and 13 submits that he did not appear on the date fixed and consequently his prayer has been rejected.
8. It is not possible for a person to appear before the authority on 07.11.2023 when he received notice on 08.11.2023.
9. In the above backdrop, the respondent no. 13 is directed to issue a fresh notice indicating the fresh date of meeting and the petitioner will
meet with the officer concerned on the date fixed and, thereafter, the concerned authority will decide whether he is entitled for X-I visa within a period of 6 weeks from the date of communication of this order and decided the same strictly in accordance with law and inform the result to the petitioners within one week thereafter.
10. With the above observations, the writ petition being WPA 12968 of 2025 is, thus, disposed of without any order as to costs.
11. All parties shall act in terms of the server copy of this order duly downloaded from the official website of this Court.
(Ajay Kumar Gupta, J.)