APHC010372312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY. THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19065 OF 2025 Between: 1. Kavala Satyanarayana Murthy, S/o. Surya Rao Seethampeta, VTC.'Madduru, Sub District. Andhra Pradesh-534 302. 2. Vinjamuri Satish Kumar, S/o. Veera Raghavulu, Seethampeta. VTC.Madduru, Sub District. Andhra Pradesh-534 302. aged 41 years, R/o. 3-55 Kovvur, District; West Godavari aged 38 years, R/o. 3-55 Kovvur, District: West Godavari, ...Petitioners 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Irrigation and CAD Department, Secretariat Building, Velagapudi, Guntur District, Andhra Pradesh. 2. The State of Andhra Pradesh. Rep., by its Principal Secretary, Mines and Geology Department, Secretariat Andhra Pradesh. ‘ 3. The State of Andhra Pradesh, Department, Secretariat Building, Pradesh. 4. The Assistant Executive Engineer, AGRB Section, Irrigation Department Kovvur, East Godavari District. 5. The Station House Officer, Tallapudi Police Station, AND Building, Velagapudi, Guntur District Rep., by its Principal Secretary, Home Velagapudi, Guntur District, Andhra East Godavari District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of 4 petitioners local boats i.e. may be respondent in seizing, the i. local boat with iron finishing and no paint and ii. a local boat with fiber finishing motor boat white colour, in connection with Crime No.82 of 2025 on the file of Tallapudi PS, East Godavari without following the procedure known to the law under Andhra Pradesh Minor Mineral Concession Rules, 1966 and AP Sand Mining Policy irregular, arbitrary and contrary to the procedure established by against to the principles of natural justice and in violation of our fundamental rights guaranteed under Articles 14 and 21 of as illegal law and the Constitution of India and said vehicles of consequently, direct the respondents to release the above the petitioners forthwith in the interest of justice. lA NO: 1 OF 2n9fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ih support of the petition, the High Court direct the respondents to release the above said petitioners i.e., local boats i. may be pleased to vehicles/ local boats of the e., i. local boat with iron finishing & no paint and II. a local boat with fiber finishing motor boat white colour, in connection with Crime No.82 of 2025 on the file of Tallapudi PS, East Godavari pending disposal of this writ petition. Counsel for the Petitioners: SRI K S S NARAYANA Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: GP FOR IRRI AND CAD Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following order: 4 APHC010372312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] S MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19065/2025 Between: 1.KAVALA SATYANARAYANA MURTHY, S/0. SURYA RAO, AGED 41 YEARS, R/0. 3-55, SEETHAMPETA, VTC.MADDURU, SUB DISTRICT. KOVVUR, DISTRICT.WEST GODAVARI, ANDHRA PRADESH-534 302. 2.VINJAMURI SATISH KUMAR,, S/0. VEERA RAGHAVULU, R/0. 3-55, SEETHAMPETA, DISTRICT. AGED 38 YEARS, VTC.MADDURU, SUB DISTRICT. KOVVUR, WEST GODAVARI, ANDHRA PRADESH-534 302. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, IRRIGATION VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH. AND CAD DEPARTMENT, SECRETARIAT BUILDING 2.THE STATE OF ANDHRA PRADESH, REP., BY ITS GEOLOGY DEPARTMENT, VELAGAPUDI GUNTUR PRINCIPAL SECRETARY SECRETARIAT BUILDING DISTRICT, ANDHRA PRADESH. MINES AND 2 Sf VSJ W.P.No.19065 of 2025 3.THE STATE OF ANDHRA PRADESH PRINCIPAL SECRETARY SECRETARIAT BUILDING, DISTRICT, ANDHRA PRADESH. REP., BY ITS HOME DEPARTMENT, VELAGAPUDI GUNTUR 4.THE ASSISTANT EXECUTIVE ENGINEER, AGRB SECTION, IRRIGATION DEPARTMENT KOVVUR EAST GODAVARI DISTRICT. 5.THE STATION HOUSE OFFICER, TALLAPUDI POLICE STATION, EAST DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1.KSSNARAYANA Counsel for the Respondent(S): 1.GP FOR HOME 2.GPFORIRRI AND CAD 3.GP FOR MINES AND GEOLOGY The Court made the following: 3 VSJ W.P.No.19065 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “ to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of 4 respondent in seizing, the petitioners local boats i.e., i. local boat with iron finishing and no paint and ii. a local boat with fiber finishing motor boat white colour, in connection with Crime No.82 of 2025 on the file of Tallapudi PS, East Godavari without following the procedure known to the law under Andhra Pradesh Minor Mineral Concession Rules, 1966 and AP Sand Mining Policy as illegal irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and in violation of our fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently, direct the respondents to release the above said vehicles of the petitioners forthwith in the interest of justice....” th nd The case of the petitioners is that on 18.06.2025 the 2 2. th respondent herein on a complaint received from the 5 respondent in connection with the illegal excavation of sand have identified seven dredging boats in Godavari River at Tallapudi and after verifying the scene of offence, the Irrigation Department handed over the seized seven dredging boats for safety custody 4 VS,J W.P.No.l9065.of 2025 until further orders. Thereafter, a complaint vide Crime No.82 of 2025 was registered by respondent No.5 against the petitioners herein including others under Sections 303(2) read with 3(5) BNS and 21(1 )(4) of MMDARA on 18.06.2025 and the same is pending for investigation. 3. The further case of the petitioners is that the above complaint was lodged on 18.06.2025 by the Assistant Executive Engineer, Irrigation Department, Kovvur basing on the joint inspection report dated 18.06.2025 wherein the officials who conducted inspection saw seven dredging boats engaged in illegal excavation of sand without any permission and thereafter the seven boats were seized. The officials who participated in the joint inspection except stating that the seven dredging boats were engaged in illegal activities nothing has been extracted as to the material to substantiate their contention on the penal sections incorporated in the above Crime No.82 of 2025. Challenging this, the present writ petition is filed. 4. Ms. K.Ujwala Devi, learned counsel, representing Sri K.S.S.Narayana, learned counsel for the petitioners relied upon an order passed in W.P.No.14998 of 2025 wherein this 5 VS, J W.P.No.19065 of 2025 Court relied upon a decision of the Hon’ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat\ Considering the orders passed by the Hon’ble Supreme Court, various writ petitions filed before this Court have been disposed of in similar circumstances. Considering the request made by the petitioners that they are eking out their livelihood by carrying fishing activities by engaging small boats and by taking a lenient view, this Writ Petition is also disposed of with the following directions: (a) The respondent authorities shall release the subject boats upon each of the petitioners depositing a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of the 4**^ respondent, pending proceedings that may have already been initiated or that are contemplated against the petitioners, on the subject issue duly considering the fact that the-, petitioners belonged to white card holders and are below poverty line. (b)The said deposit will be subject to the outcome of the proceedings that may have already been initiated or that 'AIR 2003 SC 638 6 VS, J \A/.P.No.19065 of 2025 are contemplated against the petitioners, on the subject issue. (c)The petitioners shall also furnish an undertaking to the 4^'" respondent that they will not engage themselves in any of the unauthorized dredging activity, pending further investigation on the issue. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any. shall stand closed. Sd/- K. SRINIVASA RAJU assistant RE^^TRAR SECTIO^FFICER //TRUE COPY// To, 1. The Principal Secretary, Irrigation and CAD Department, State of Andhra Pradesh, Velagapudi, Guntur District, Andhra Pradesh. Secretariat Building 2. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District, Andhra Pradesh. 3.. The Principal'Secretary, Home Department, State of Andhra Pradesh, Secretariat Building, Velagapudi Guntur District, Andhra Pradesh. 4. The Assistant Executive Engineer, AGRB Section, Irrigation Department, Kovvur, East Godavari District. 5. The Station House Officer, Tallapudi Police Station, East Godavari District. 6. One CC to Sri K S S Narayana, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh [OUT] Two CD Copies 10. RAM ' 7 HIGH COURT DATED:18/08/2025 ORDER WP NO. 19065 OF 2025 ^ 19 SEP 2025 Ik) ^*sCiimntSeclioa^57 DISPOSING OF THE WP WITHOUT COSTS