APHC010397492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20144/2025 Between: 1. R. ANIL KUMAR, S/O. SRIHARI BABU, AGED ABOUT 49 YEARS, OWNER OF BOATS, R/O. PENUMAKA, UNDAVALLI, TADEPALLI MANDAL GUNTUR DISTRICT - 522501. 2. BUDDI RAVI KUMAR,, S/O. SIVA RAMAKRISHNAIAH, AGED 54 YEARS. OWNER OF BOATS, R/O. DHARANIKOTA, AMARAVATI MANDAL, PALNADU DISTRICT -522020. 3. SRIRANGAM SRINU,, S/O. SATYANARAYANA, AGED 50 YEARS. OWNER OF BOAT, R/O. 3-39/1, SEETHAMPETA, KOVVUR MANDAL, EAST GODAVARI DISTRICT -534312. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE TAHSILDAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 3. THE STATION HOUSE OFFICER, RAJAMAHENDRAVARAM III TOWN POLICE STATION EAST GODAVARI DISTRICT. 4. THE ASSISTANT ENGINEER, AGRB SECTION, IRRIGATION DEPARTMENT, RAJAMAHENDRAVARAM EAST GODAVARI 2 DISTRICT. 5. THE DISTRICT MINES AND GEOLOGY OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Heard Sri B. Jaya Prabhakara Rao, learned counsel for the petitioners and the learned Government Pleader for Mines and Geology, appearing for the respondents. 2. The relief sought in the Writ Petition is for a direction to release the boats seized by the respondents. 3. It is contended that when the petitioners subject empty boats were tiled with poles at de-siltation Reach, Kotilingala Ghat and Kateru Ramp, Rajamahendravaram, the respondents have seized the boats on the pretext that the petitioners have been transporting the sand unauthorizedly. 4. The petitioner relying on the decision of the Supreme Court in the case of Sunderbhai Ambalal Desai Vs state of Gujarat 1 contends that 1 AIR 2003 SC 638 3 pending investigation, the vehicles should not be subjected to adverse weather conditions which would damage the boat and its functionality, thus prays for release of the boat. The petitioner further relies on G.O.Ms.No.100 dated 22.07.2025. 5. It is contended on behalf of the respondents that owing to the cultural and religious importance of the river Godavari, people take bath in the river during auspicious seasons and the indiscriminate dredging by using the dredging boats cause threat to the lives of the people apart from causing a disturbance to the river flow. The use of mechanical dredging boats for such operations has been explicitly prohibited. It is further contended that the actions of the petitioners, who were found to be excavating sand using mechanical dredging boats, constitute a flagrant violation of the environmental regulations in the said regard. And the same are contended to be in violation of the orders passed by this Court in W.P.(PIL) No.8 of 2024, thus prayed to dismiss the Writ Petition. 6. Considered the rival submissions. 7. Having regard to the submissions made by the learned counsel for the petitioners that the petitioners would be deprived of earnings from the subject boats and which are their livelihood, if the boats are retained indefinitely, and the same would be damaged and considering the submissions made on behalf of the respondents, this Court deems it appropriate to dispose of the Writ petition with the following directions: 4 a. The respondent authorities shall release the subject boats upon each of the petitioners, depositing a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in favour of the 5th respondent, pending proceedings that may have already been initiated or that are contemplated against the petitioner, on the subject issue. b. The said deposit will be subject to the outcome of the proceedings that may have already been initiated or that are contemplated against the petitioner, on the subject issue. c. The petitioners shall also furnish an undertaking to the 5th respondent that they will not engage themselves in any of the unauthorized dredging activity, pending further investigation on the issue. 8. The Writ Petition is accordingly disposed of. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 01.08.2025 MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20144/2025 Date: 01.08.2025 MSI