HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 4/2024 Ashwani Kumar Hashia .....Applicant(s)/Petitioner(s) Through :- Mr. Ajay Abrol, Advocate v/s UT of J & K and Anr. .....Respondent(s) Through :- Mr. Vishal Bharti, Dy. AG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 17.03.2025 1. This intra court appeal is directed against an order and judgment dated 07.10.2023, passed by the learned Single Judge of this Court in CPSW No. 434 of 2018, whereby the learned Single Judge has dismissed the contempt petition and given liberty to the appellant to challenge the consideration order dated 24.04.2019. 2. It is trite law that the order passed by learned Single Judge, exercising its contempt jurisdiction is not appealable, unless the order pertains to punishing the contemnors/respondents. The order dismissing the contempt petition is, therefore, not amenable to be challenged under Clause 12 of the Letters Patent. 3. Mr. Ajay Abrol, learned counsel appearing for the appellant argues that the order impugned passed by the learned Single Judge is not merely an order of dismissal of the contempt petition, but has the effect of determining the controversy on merits. He would, therefore, argue that in the face of observations made by the learned Sr. No. 07 2 LPA No. 4/2024 Single Judge, it would be difficult for him to even challenge the consideration order dated 24.04.2019. . 4. We have given our thoughtful consideration to the arguments of Mr. Ajay Abrol and have also gone through the impugned order. Suffice it to say that whatever observations are made by learned Single Judge in the order impugned are restricted only to the disposal of the contempt petition and would not be construed as an expression of opinion by the learned Single Judge on the merits of the controversy touching upon the validity or otherwise of consideration order dated 24.04.2019. 5. We, therefore, dispose of this appeal by providing that nothing said by the learned Single Judge in the order impugned shall prejudice the appellant, in any manner, while throwing challenge to the consideration order dated 24.04.2019. All questions of law and fact shall remain open to the petitioner to be urged before the Court. (Puneet Gupta) (Sanjeev Kumar) Judge Judge JAMMU 17.03.2025 Manik