Court Confirms Contempt Conviction of Tehsildar but Reduces Penalty to Demotion and Heavy Fine

A bench of Justices B.R. Gavai and Augustine George Masih heard an appeal by Tata Mohan Rao challenging the Andhra Pradesh High Court’s dismissal of contempt appeals and the conviction and sentence imposed for disobedience of court orders. The appeals arose from contempt proceedings following alleged forcible eviction and demolition of dwellings by the then-Tehsildar on land in Adavi Takkellapadu village despite specific High Court directions.

The Court affirmed the appellant’s conviction under the Contempt of Courts Act, 1971, but modified the sentence to avoid collateral hardship on the appellant’s family. The Court observed that “the majesty of law lies not in punishing, but in forgiving,” but emphasised that “no one, howsoever high they may be, they are not above the law.” The Court, in its reasoning, observed: "When a Constitutional Court or for that matter, any court issues any direction, every person or authority regardless of rank, is duty bound to respect and comply with that order. Disobedience of the orders passed by the court attacks the very foundation of the rule of law on which the edifice of a democracy is based." The bench therefore confirmed conviction but directed a reduction in punitive consequences by ordering demotion in service and imposition of a substantial fine instead of imprisonment.

Background

The dispute originated from claims by several occupants of D.No.600/1, Adavi Takkellapadu village, who sought grant of house-site pattas to regularise constructions. After representations to revenue authorities remained undecided, writ petitions (W.P. No.23641/2013 and W.P. No.35958/2013) were filed in the High Court contending threatened evictions. The High Court on 13 September 2013 directed the Tehsildar to consider the representations and restrained disturbance of possession until a decision; on 11 December 2013 the High Court recorded that a public servant “could not have taken law into his own hands by forcibly removing structures” and specifically restrained the appellant from such action.

Despite these orders, the appellant allegedly, on the night of 12 December 2013, accompanied by a police force of about 80 personnel, removed structures, threw occupants and their belongings onto the road and, it was alleged, used violence. Two contempt petitions (Contempt Case No.2233 of 2013 and Contempt Case No.128 of 2014) resulted. The Single Judge of the erstwhile High Court (judgment dated 27 March 2015) convicted the appellant for deliberate and wilful disobedience, noting a “total lack of humanitarian consideration,” and sentenced him to two months’ simple imprisonment and a fine of Rs.2,000. The Division Bench dismissed intra‑court appeals by judgment dated 19 February 2025.

This Court granted special leave, stayed the High Court order pending hearing, and on 9 May 2025 partly allowed the appeal. The Supreme Court confirmed the conviction but modified the sentence: the State was directed to revert the appellant to the post of Tehsildar (his seniority for promotion considered only from 31 October 2023) and to impose a fine of Rs.1,00,000 to be deposited under the NTR Housing Scheme within four weeks. The Court recorded that imprisonment would have led to immediate dismissal under service rules and undue hardship for the appellant’s family; accordingly, it chose a penal consequence that affirmed accountability without catastrophic collateral consequences. Pending applications stood disposed of.

Case Details: Case No.: 2025 INSC 678 Case Title: Tata Mohan Rao v. S. Venkateswarlu and Others Appearances: For the Petitioner(s): Shri Devashish Bharuka, Senior Counsel For the Respondent(s): No appearance (respondents did not enter appearance)