JUDGMENT :

(Harish Tandon , J.)

1. Because of the conflicting decisions operating in the field pertaining to the filing of the contempt application before the Single Bench after the order of the Single Bench is affirmed by the Division Bench, alleging the violation thereof, the following reference has been made for answer by the Special Bench :-

(a) Will the doctrine of merger be applied to confer an exclusive jurisdiction on a Division Bench to entertain contempt application where the order of the Single Bench is either upheld in toto and/or the appeal against an order of the Single Bench is dismissed simplicitor ?

(b) Is the jurisdiction of the Division Bench and a Single Bench in such cases co-extensive insofar as the contempt applications are concerned?

2. The referral was made on a contempt application filed before the Single Bench alleging the violation of an order dated 14th July, 2022 passed in WPA 863 of 2022. The said order was carried in appeal and the Division Bench of this Court affirmed the said order on 18th January, 2023 in MA 16 of 2022. Alleging the violation of the order dated 14th July, 2022 passed by the Single Bench, a contempt application was filed before the