Date of reserved for orders : Date of pronouncement :01.07.2026 Date of uploading : APHC010329092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17356/2026 Between: 1. MUNGARA LAKSHMANUDU, S/O. NAGESWARA RAO AGED ABOUT 28 YEARS, OWNER OF BOAT, R/O. 6-51, VADDILU VEEDHI, GUTALA VILLAGE, POLAVARAM MANDAL, ELURU DISTRICT- 534341. 2. BOMBOTHU TRIMURTHULU @ VENKANNA, S/O. BHUSHANAM AGED ABOUT 50 YEARS. OWNER OF BOAT, R/O. 4-43, JALARI VEEDHI, VIJJESWARAM VILLAGE, NIDADAVOLU MANDAL, EAST DISTRICT -534302. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522237. 2. THE TAHSILDAR, KOVVUR, EAST GODAVARI DISTRICT-534350. 3. THE STATION HOUSE OFFICER, KOVVUR TOWN UPS, EAST GODAVARI DISTRICT-534350. 4. THE ASSISTANT EXECUTIVE ENGINEER, AGRB SECTION, IRRIGATION DEPARTMENT, KOVVUR, EAST GODAVARI DISTRICT 2 - 534350. 5. THE DISTRICT MINES AND GEOLOGY OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT-533101. ...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 pleased topleased 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 2 boats i.e., (1) An unnamed white coloured with red boarder boat of the 2nd petitioner (2) An unnamed Grey coloured boat of the 1st petitioner in connection with FIR No.131 of 2026 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 Petitioners forthwith in the interest of justice and pass IA NO: 1 OF 2026 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 pleased to direct the respondents to release 2 boats i.e., (1) An unnamed white coloured with red boarder boat of the 2nd petitioner (2) An unnamed Grey coloured boat of the 1st petitioner pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD 4. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17356/2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “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 two Boats i.e., (1) an unnamed white coloured red boarder boat of the 2nd petitioner (2) an unnamed grey coloured boat of 1st petitioner in connection with FIR No.131 of 2026 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 Petitioners forthwith in the interest of justice and pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned Assistant Government pleader for the respondents. 3. Learned counsel for the petitioners submits that when the petitioners’ boats were idle near Godavari river, Dondagunta, Kovvur, the respondents have seized the boats on the pretext that the petitioners have been excavating the sand unauthorizedly. 4. Learned counsel for the petitioners relied on the decision of the Hon’ble Apex Court in the case of Sunderbhai Ambalal Desai Vs state of Gujarat1, wherein, it is held that pending investigation, the vehicles should not be 1 AIR 2003 SC 638 4 subjected to adverse weather conditions which would damage the boats and its functionality, thus prays for release of the boats. He further relies on G.O.Ms.No.100, dated 26.06.2025. 5. Learned Assistant Government Pleader for the respondents submits that indiscriminate dredging by using the dredging boats cause threat to the lives of the people apart from causing a disturbance to the water flow. The use of mechanical dredging boats for such operations has been explicitly prohibited. It is further contended that the action 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. Having regard to the submissions made by the learned counsel for the petitioners and learned Assistant Government Pleader for the respondents, it is observed that the petitioners would be deprived of earnings from the subject boats, which are their livelihood. If the boats are retained indefinitely, the same would be damaged. 7. Therefore, this Court deems it appropriate to dispose of the Writ petition with the following directions: a. The respondent authorities shall release the subject boats upon each of the petitioner, depositing a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in 5 favour of the 5th respondent, pending proceedings that may have already been initiated or that are contemplated against the petitioners, 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 petitioners, 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. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:01.07.2026 BSP/TPS Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 16 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17356/2026 Date:01.07.2026 BSP/TPS