APHC010562152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 29065 OF 2025 Between: 1. DARMADI SREENU, S/O. NARAYANA, AGED ABOUT 54 YEARS, OWNER OF BOATS, R/O. 6-133/B, RAYAPUDI, TULLUR MANDAL GUNTUR DISTRICT - 522237. ...PETITIONER 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 DISTRICT. 5. THE DISTRICT MINES AND GEOLOGY OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 2 pleased tomay be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.3 to 5 in seizing the (1). Yesupadam-Yesumani boat bearing No.AP-N-N-No-141 and 2 named empty tied boat (2) Yesumani- Yesupadam named empty tied boat of the Petitioner in connection with FIR No.468 of 2025 without following the procedure known to the law under APMMC Rules, 1966 as illegal, irregular, arbitrary and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to release the above said boats of the Petitioner forthwith in the interest of justice and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to grant interim custody i.e., (1). Yesupadam-Yesumani boat bearing No.AP-N-N-No-141 & 2 named empty tied boat (2) Yesumani-Yesupadam named empty tied boat Petitioner pending disposal of the above writ petition in the interest of justice and pass such Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 29065 OF 2025 The Court made the following order: Heard Sri B. Jaya Prabhakara Rao, learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the stage of admission. 2. The writ petition is filed challenging the action of the respondent Nos.3 to 5 in seizing the Yesupadam-Yesumani boat bearing No.AP-N-N-No-141 and 2 named empty tied boat and Yesumani-Yesupadam named empty tied boat of the Petitioner, in connection with FIR No.468 of 2025, without following the procedure under the Andhra Pradesh Minor Mineral Concession Rules, 1966. 3. It is contended that when the petitioner subject empty boats were tied with poles at Kateru Ramp, Rajamahendravaram, the respondents have seized the boats on the pretext that the petitioners have been illegally sand dredging. 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 pending investigation, the vehicles should not be subjected to adverse weather conditions which would damage the boat and its functionality, thus 1 AIR 2003 SC 638 4 prays for release of the boat. The petitioner further relies on G.O.Ms.No.100 dated 08.10.2025. 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 petitioner that the petitioner 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: a. The respondent authorities shall release the subject boats of the petitioner, depositing a sum of Rs.1,50,000/- (Rupees One 5 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 petitioner 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. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 24.10.2025 BSK 6 07 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 29065 OF 2025 Date: 24.10.2025 BSK