APHC010351232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21883 OF 2026 Between: 1. MALLADI HARI KRISHNA, S/o. Bhaskara Rao Aged about 35 years, R/o. D.No. 1-110, Rebbana Palli Bendamurlanka, East Godavari, Andhra Pradesh-533210 2. Karri Venkata Ratnam, S/o. Venkata Lakshmi Narayana Aged about 26 years, R/o. H.No. 2-46/2 Palli Peta, Velpuru Village, Tanuku Mandal West Godavari, A.P.-534 222 ...Petitioners 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-533101 3. The Station House Officer, Rajamahendravaram III Town Police Station East Godavari District-533104 4. The Assistant Engineer, AGRB Section, Irrigation Department, Rajamahendravaram East Godavari District-533125 5. The District Mines and Geology Officer, Rajamahendravaram, East Godavari District-533103 2 ...Respondents 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 toissue 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 terms of seizing of the boats belonging to both the petitioners in connection with FIR No. 35/2026 and 239/2026 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 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 direct the respondents to grant interim custody of boats belonging to the petitioners in seized in regards with the FIR No. 35/2026 and 239/2026 pending disposal of the above writ petition Counsel for the Petitioners: MUNDURU ESWAR BRAHMANAND Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:GP FOR IRRI AND CAD Counsel for the Respondents:GP FOR MINES AND GEOLOGY The Court made the following order: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21883 OF 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 terms of seizing of the boats belonging to both the petitioners in connection with FIR No. 35/2026 and 239/2026 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 at rotary Kailasbhoomi left Godavari canal road, Dowlaiswaram Village, the respondents have seized the boats on the pretext that the petitioners have been excavating the sand unauthorizedly. 4. Learned counsel for the petitioners further submits that a charge sheet in Crime No.239 of 2026 for the offence under Section 303(2) of B.N.S., is filed against the petitioner No.2 herein on the file of the V Additional Judicial Magistrate of Fist Class, Rajamahendravaram. The same was numbered as Calender Case No.1740 of 2026 and passed judgment dated 11.07.2026. The 4 operative portion of the said judgment dated 11.07.2026 passed in Calender Case No.1740 of 2026 is extracted hereunder: “Therefore, accused is convicted under Section 275(2) of B.N.S.S, and sentenced to pay a fine of Rs.5,000/- (Rupees Five Thousand only) and in default, the accused shall undergo for a period of seven days, for the offence punishable under Section 303(2) of BNS. Total fine amount is rs.5,000/- (Rupees Five Thousand only). The unmarked case property if any shall be returned to the true owner after expiry of appeal time.” 5. Learned counsel for the petitioners submits that in view of the judgment passed by the trial Court, he filed a memo dated 05.08.2026, stating that petitioner No.2 has no claim before this Court on the ground the primary cause of action is not surviving. 6. 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 subjected to adverse weather conditions which would damage the boats and its functionality, thus prays for release of the boat of petitioner No.1. He further relies on G.O.Ms.No.100, dated 26.06.2025. 7. 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 1 AIR 2003 SC 638 5 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. 8. 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 Petitioner No.1 would be deprived of earnings from the subject boat, which is his livelihood. If the boat is retained indefinitely, the same would be damaged. 9. Therefore, this Court deems it appropriate to dispose of the Writ petition with the following directions: a. The respondent authorities shall release the subject boat of petitioner No.1 upon the petitioner No.1, depositing a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) for boat in favour of the 5th respondent, pending proceedings that may have already been initiated or that are contemplated against the petitioner No.1, 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 6 are contemplated against the petitioner No.1, on the subject issue. c. The petitioner No.1 shall also furnish undertakings to the 5th respondent that the petitioner No.1 will not engage himself in any of the unauthorized dredging activity, pending further investigation on the issue. 10. 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:05.08.2026 BSP/TPS 7 01 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21883 OF 2026 Date:05.08.2026 BSP/TPS