(M.A.No.72/2025) 2025:CGHC:17124-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 72 of 2025 Ashwini Singh, S/o Kumudeshwar Singh, Aged about 64 years, R/o Village Shemra, Tahsil Nawagarh, Distt. Janjgir-Champa, Chhattisgarh. ... Appellant versus Akash Chikara, Collector, Janjgir-Champa, District Janjgir-Champa, Chhattisgarh. ... Respondent For Appellant : Mr. Suryapratap Yuddhveer Singh, Advocate. For Respondent : None present. Division Bench: - Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Deepak Kumar Tiwari, JJ. Order On Board (15/04/2025) Sanjay K. Agrawal, J. 1. The appellant has filed this miscellaneous appeal under Section 19(1) of the Contempt of Courts Act, 1971 (for short, ‘the Act of 1971’), against the order dated 18-3-2025 by which his contempt petition has been dismissed finding that the respondent has not willfully violated the order of this court, dated 2-1-2024 passed in SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.04.16 18:17:20 +0530 (M.A.No.72/2025) W.P.(C)No.5095/2023 (Ashwini Singh and others v. State of Chhattisgarh and others). 2. Office has raised objection that the appeal is not maintainable. 3. Mr. Suryapratap Yuddhveer Singh, learned counsel appearing for the appellant, would submit that the appeal would be maintainable under Section 19(1) of the Act of 1971. 4. We have heard learned counsel for the appellant and considered his submission and also perused the order impugned as also the order passed by the learned writ court. 5. Section 19(1) of the Act of 1971 provides as under: - “19. Appeals.—(1) An appeal shall lie as of right from any order or decision of High Court in the exercise of its jurisdiction to punish for contempt— (a) where the order or decision is that of a single Judge, to a Bench of not less than two Judges of the Court; (b) where the order or decision is that of a Bench, to the Supreme Court: Provided that where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court.” 6. A careful perusal of Section 19(1) of the Act of 1971 would show that an appeal shall lie as a matter of right from any order or decision of this Court in the exercise of its jurisdiction to punish for contempt, to a Bench of not less than two Judges of the Court. (M.A.No.72/2025) 7. Section 19(1) of the Act of 1971 has been considered by the Supreme Court in the matter of Midnapore Peoples’ Co-op. Bank Ltd. and others v. Chunilal Nanda and others1 in which it has been held that an appeal under Section 19 is maintainable only against an order or decision of the High Court passed in exercise of its jurisdiction to punish for contempt, that is, an order imposing punishment for contempt and appeal will not lie against an order declining to initiate proceedings for contempt. It has been observed in paragraphs 11 (I) & (II) of the report as under: - “11. The position emerging from these decisions, in regard to appeals against orders in contempt proceedings may be summarised thus : I. An appeal under Section 19 is maintainable only against an order or decision of the High Court passed in exercise of its jurisdiction to punish for contempt, that is, an order imposing punishment for contempt. II. Neither an order declining to initiate proceedings for contempt, nor an order initiating proceedings for contempt nor an order dropping the proceedings for contempt nor an order acquitting or exonerating the contemnor, is appealable under Section 19 of the CC Act. In special circumstances, they may be open to challenge under Article 136 of the Constitution.” 8. In view of the aforesaid authoritative pronouncement, appeal under Section 19(1) of the Act of 1971 would not be maintainable against the impugned order declining to initiate proceedings for contempt. Accordingly, the miscellaneous appeal is dismissed as not maintainable. However, the appellant is at liberty to question the 1 AIR 2006 SC 2190 (M.A.No.72/2025) impugned order dated 18-3-2025 in accordance with law. No order as to cost(s). Sd/- Sd/- (Sanjay K. Agrawal) (Deepak Kumar Tiwari) JUDGE JUDGE Soma