Date of reserved for orders : Date of pronouncement : 03.07.2026 Date of uploading : APHC010329842026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17586/2026 Between: 1. KOPANATHI SUBRAHMANYAM,, S/O. SATYANARAYANA AGED ABOUT 27 YEARS, OWNER OF BOATS, R/O. 5-21/802, CHURCH STREET, GUTALA VILLAGE, POLAVARAM MANDAL, ELURU DISTRICT-534341. ...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, KOVVUR, EAST GODAVARI DISTRICT-534350. 3. THE STATION HOUSE OFFICER, KOVVUR TOWN UPS, EAST GODAVARI DISTRICT-534350. 4. THE IRRIGATION CONSERVANCY ASSISTANT, AGRB SECTION, IRRIGATION DEPARTMENT, KOVVUR, EAST GODAVARI DISTRICT- 534350. 5. THE DISTRICT MINES AND GEOLOGY OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT-533101. ...RESPONDENT(S): 2 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 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 3 boats i.e., (1) Dark green and red- coloured dredging boat (2) Green coloured dredging boat (3) Grey Coloured dredging boat of the Petitioner in connection with FIR No. 129 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 Petitioner forthwith in the interest of justice and pass such 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 may be pleased to direct the respondents to release 3 boats i.e., (1) Dark , green and red-coloured dredging boat (2) Green coloured dredging boat (3) Grey Coloured dredging boat of the 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 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: 17586/2026 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 3 boats i.e., (1) Dark green and red-coloured dredging boat (2) Green coloured dredging boat (3) Grey Coloured dredging boat of the Petitioner in connection with FIR No. 129 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 Petitioner forthwith in the interest of justice and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Assistant Government pleader for the respondents. 3. Learned counsel for the petitioner submits that when the petitioner’s boats were idle at 4th bridge near Godavari river, the respondents have seized the boats on the pretext that the petitioner has been excavating the sand unauthorizedly. 4. Learned counsel for the petitioner 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 petitioner, who was 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 petitioner and learned Assistant Government Pleader for the respondents, it is observed that the petitioner would be deprived of earnings from the subject boats, which are his 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 the petitioner, depositing a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) 5 for each boat 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 the petitioner will not engage himself 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:03.07.2026 BSP/TPS Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 03 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17586/2026 Date:03.07.2026 BSP/TPS