In a significant ruling underscoring the primacy of judicial authority, the Supreme Court on Thursday ordered the demotion of a Deputy Collector in Andhra Pradesh for disobeying High Court directives and forcibly evicting slum dwellers in Guntur district.
The officer, who was serving as Tahsildar at the time of the incident, had carried out demolitions in violation of court orders protecting the occupants' homes.
A bench comprising Justices BR Gavai and AG Masih directed the State of Andhra Pradesh to demote the officer to his previous post of Tahsildar and imposed a fine of ₹1 lakh, to be deposited within four weeks.
The officer had approached the apex court challenging the Andhra Pradesh High Court’s order that held him guilty of contempt and sentenced him to two months of simple imprisonment. While the Supreme Court upheld the conviction, it chose to exercise leniency in sentencing, recognizing the broader impact on the officer’s family.
“Though the petitioner is not entitled to a lenient approach, we find that on account of his adamant and callous attitude, his children and family should not be made to suffer. If he undergoes a jail term, he would be dismissed from service, depriving his family of livelihood,” the Court observed.
Accordingly, the Court confirmed the conviction but substituted the jail term with a demotion and fine. It also directed that future promotions for the petitioner shall be considered afresh from his new, demoted position.
The bench emphasized that directions issued by constitutional courts must be strictly followed by all authorities, regardless of their rank. The Court observed:
“Disobedience of court orders strikes at the very foundation of the rule of law, which forms the basis of democracy.”
Rejecting pleas for leniency based on the petitioner’s family circumstances, the Court stated:
“The petitioner ought to have considered the consequences on his family before displacing poor slum dwellers and throwing them, along with their belongings, onto the streets. One cannot seek humanitarian relief after acting in an inhumane manner.”
The case has its roots in representations filed in 2013 by residents of Guntur district seeking house site pattas for lands they were occupying. The High Court had passed orders directing the local Tahsildar not to disturb their possession until their applications were duly considered.
Despite explicit directions, the petitioner—then serving as Tahsildar—oversaw forcible demolitions on December 6, 2013, and January 8, 2014. The High Court later found that he had deployed around 88 police personnel for the operation and held him guilty of deliberate and willful disobedience of its orders. He was sentenced to two months’ simple imprisonment and fined ₹2,000.
Challenging this, the petitioner argued that he had only sought to remove unauthorized encroachments by third parties. However, the High Court rejected this as vague and lacking credibility.
During the Supreme Court hearing, Justice Gavai questioned the demolition despite the High Court’s protective order. When Senior Advocate Devashish Bharuka, appearing for the petitioner, argued that the affected individuals were not actual residents or had been rehabilitated, the Court expressed skepticism and proposed demotion as a condition for leniency.
The Court even suggested reducing the officer to the post of Deputy Tahsildar—his original rank—to avoid total dismissal from service. However, the petitioner initially refused the offer, prompting stern warnings from the bench. Ultimately, he relented after the Court made it clear that his continued defiance could lead to dismissal with no possibility of reinstatement.
Case Title: Tata Mohan Rao v. S. Venkateswarlu and Others, SLP(C) Nos. 10056-10057/2025
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