C.L. SIDAR S/O SHRI SHRIRAM SIDAR, AGED ABOUT 56 YEARS PRESENTLY WORKING Vs. SMT. GITA DEVI AGRAWAL W/O LATE SURAJBHAN AGRAWAL

JUDGEMENT

(1.) The present Misc. Appeals have been preferred under Sec. 19 of the Contempt of Courts Act, 1971 (for short, 'the Act') challenging the order dated 13.1.2016 passed by the Learned Single Bench in Contempt Case No. 303 of 2012. Vide the said order dated 13.1.2016, the Learned Single Bench having contempt roster upon appreciating the submissions of the Respondents as also upon hearing the present Appellants who are the contemners before the Single Bench has ordered for framing of charge for an act of wilful disobedience to the order dated 17.1.2012 passed by the High Court in Writ Petition (C) No. 142 of 2012.

(2.) The quintessential question which is being adjudicated upon by this Court is the preliminary objection raised by the Respondents of the maintainability of the present appeals in its present form by the Division Bench of this High Court under Sec. 19 of the Act.

(3.) The facts, in nutshell, for the better appreciation of the entire issue involved in the case are that the Respondents had preferred a writ petition before the High Court of Chhattisgarh registered as Writ Petition (C) No. 142 of 2012 against the demolition of the building in occupancy of the Petitioners by the Respondents in the said writ petition. The High Court hearing the petition on 17.1.2012 had passed an interim order restraining the Respondents therein from further demolishing the portion of the building in the occupation of the Petitioners till the Respondents take a final decision on the response to the notice issued by the Respondents therein dated 5.12.2011 to be submitted by the writ petitioners within 10 days and to proceed further in accordance with law after deciding reply to the notice submitted by the writ petitioners.