( 1 ) THIS contempt appeal under section 19 of the Contempt of Courts Act, 1971, is directed against the judgment and order dated 26-9-1994 in contempt case No. 575 of 1993 by which the respondent herein was punished for having committed contempt of court by violating the decree passed in original suit No. 209 of 1985 on the file of the II Additional Judge s Court, City Civil Court, Hyderabad.

( 2 ) THE Court, however, refused to restore possession of the land to the appellants on the ground that a Division Bench of this Court had, in writ appeal No. 15407 of 1992, already directed the parties to maintain status quo regarding possession of the land as obtaining on the date of that judgement.

( 3 ) THE appellants herein had filed original suit No. 209 of 1985 in the court of the II Additional Judge, City Civil Court, Hyderabad, against (1) the State of Andhra Pradesh, (2) the Commissioner of Industries, Government of Andhra Pradesh and (3) the Regional Development Officer, Industries and Commerce Department, Government of Andhra Pradesh. The said suit was decreed on 15-4-1986 by declaring G. O. Ms. No. 89, Industries, Commerce and Power (I F Cell) Department, dated 18-2-1985 as illegal and arbitrary and further restraining the defendants from dispossessing or disturbing or in any way causing interference with the enjoyment of the property by the plaintiffs viz. , the appellants herein.

( 4 ) AN appeal against the aforesaid decree was preferred in CCCA No. 118 of 1986 in which interim order was not granted. In the meantime, the Government issued show cause notice on 3-12-1992 to the appellants for terminating their leases and after hearing them G. O. Ms. No. 223, Industries, Commerce and Power (I F Cell) Department, dated 11-6-1993 was passed by which the leases of the appellants in respect of Plot Nos. 14/1 and 24/2 situated at Azamabad industrial area, Hyderabad were terminated and the possession of the land was resumed by the Government. By that time, A. P. Act XV of 1992 had come into force. Questioning the validity of A. P. Act XV of 1992, a number of petitions including writ petition No. 12180 of 1994 and batch as also Writ Appeal Nos. 741 and 800 of 1993 were filed which were ultimately dismissed on 18-8-1994 and the validity of A. P. Act XV of 1992 has been upheld.

( 5 ) SINCE the possession of the appellants was disturbed in spite of the decree passed by the trial court in the original suit referred to above and in spite of the fact that interim order was not granted by this Court in the appeal preferred against the decree in the said original suit, the appellants filed a petition under the Contempt of Courts Act, 1971, for action being taken against the respondent and other officers of the Government for having committed contempt of court in dispossessing the appellants from the plots of land referred to above.

( 6 ) THE contempt case was duly registered and notices were issued to the respondents herein as also to the other officers of the Government. The learned single Judge by his judgment and order dated 23-9-1994 held the respondent herein who is the Secretary, Industries Department, as guilty of contempt. But, the second respondent in the contempt case was discharged as he was not a party to the suit. The learned single Judge passed the following operative order :"the 1st respondent, Secretary, Industries Department Government of Andhra Pradesh, Hyderabad, is a party to suit in O. S. No. 239 of 198 Therefore, he is guilty of contempt. Since the 2nd respondent is not a party to the said suit, he is discharged from the contempt. Therefore the 1st respondent Secretary, Industries Department, Government of Andhra Pradesh, Hyderabad, is directed to appear on Monday i. e. , 26-9-1994 at 10-30 a. m. in this Court to receive the punishment. Shri C. P. Sarathy, learned counsel for the petitioners submits that since the petitioners were dispossessed in violation of the decree of the Civil Court, they should