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Supreme Court Demotes Andhra Deputy Collector for Defying HC, Fines Him ₹1 Lakh for Slum Demolition

9 May 2025 10:34 PM - By Shivam Y.

Supreme Court Demotes Andhra Deputy Collector for Defying HC, Fines Him ₹1 Lakh for Slum Demolition

In a significant ruling, the Supreme Court of India has ordered the demotion of a Deputy Collector in Andhra Pradesh for defying the High Court's clear directions and demolishing slum dwellers’ huts in Guntur district. The officer, who was acting as Tahsildar at the time of the incident, was also directed to deposit a fine of ₹1 lakh within four weeks.

A bench of Justices BR Gavai and AG Masih issued the order while hearing a plea filed by the officer challenging his contempt conviction by the High Court. The High Court had earlier sentenced him to two months’ simple imprisonment for removing huts despite specific orders not to disturb the dwellers.

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"Though the petitioner is not entitled to any lenient approach, we find that on account of an adamant and callous attitude, his children and family should not suffer. We confirm his conviction but take a lenient view on sentence," the Supreme Court observed.

The bench stated that the officer would be demoted from Deputy Collector to Tahsildar, and he must pay ₹1 lakh as a fine. However, his future promotions could be considered depending on circumstances.

The case goes back to 2013, when slum residents approached the High Court seeking protection from eviction. The court directed the Tahsildar not to disturb their possession until their claims for house sites were decided. Despite these orders, on 06.12.2013 and 08.01.2014, the Tahsildar removed the huts with the help of 88 police officers.

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"A Constitutional Court's direction must be followed by every authority. Disobedience undermines the rule of law and democracy," the Court emphasized.

The officer claimed that the huts were recent encroachments and not the dwellers mentioned in the petitions. However, both the Single Bench and Division Bench of the High Court rejected his claim and held that the demolition violated its earlier directions. His appeals were dismissed, and he approached the Supreme Court.

During hearings, the Court inquired whether the petitioner would accept demotion instead of going to jail. Initially, he refused, which angered the bench. Senior Advocate Devashish Bharuka, representing the officer, requested time to convince his client.

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"If he undergoes the sentence, he will lose his job and livelihood. But he should have thought of that before throwing poor families onto the street," the bench stated.

The Court finally agreed to spare him from jail but made it clear that such defiance cannot go unpunished. The officer was ordered to accept his demotion and pay the fine, sending a strong message that the rule of law must prevail.

Case Title: TATA MOHAN RAO vs. S. VENKATESWARLU AND ORS., SLP(C) No. 10056-10057/2025.