Palepu Gangaraju Vs the State of Andhra Pradesh

Palepu Gangaraju, S/o. Narasimha Murthy, aged about 37 years, Owner of boat, R/o. 9-135, Main road, Bodasakurru, Allavaram, East Godavari District -533215.

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Penupothu Chammaraju, S/o. Periyya aged about 39 years. Owner of boat, R/o. Agraharam, Yatam, Yanam, Puducherry, -533464.

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Perabattula Haribabu, S/o. Anjaneyulu, aged about 49 years. Owner of boat, R/o. 7-125/3, Library Street, Kukunuru, Tallapudi, East Godavari District-534341.

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Dagani Trimurthulu, S/o. Bhimaiah, aged about 42 years. Owner of boat, R/o. 1-78, S.C Peta, Vegeswarapuram, Tallapudi, East^{GodavariDistrict-} 534340.

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Malladi Venkateswah, S/o. Posiyya, aged about 25 years. Owner of boat, R/o. 2-130, Palli Peta, Tallapudi, East Godavari District-534341 . ...Petitioners

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District-522237.

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The Tahsildar, Tallapudi, East Godavari District.

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The Station House Officer, Tallapudi Police Station, East Godavari District.

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The Assistant Executive Engineer, AGRB Section, Irrigation Department, Kovvur, East Godavari District. 5. The District Mines and Geology Officer, Rajamahendravaram, East _ .Javari District. M ■■ (RR 4 and 5 are impleaded as per the Court's Order dt.27.06.2025 in

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I.A.No. 02 of 2025)

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...ResDondents

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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 to issue an appropriate order or direction^{moreparticularlyoneinthe} nature of Writ of Mandamus declaring the action of^the3rd Respondent in seizing the small dredging Boats of the petitioners in connection with FIR No.82 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^{ofnaturaljustice} and violative of fundamental rights guaranteed under^Articles 14, 21 and 19(1)(g) of the Constitution of India and consequently^{directtherespondents} to release the above said vehicles of the Petitioners^{forthwithinthe} interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the small dredging Boats of the petitioners pending disposal of the above writ petition^{intheinterestofjustice.} Counsel for the Petitioners: SRI B. JAVA PRABHAKARA RAO Counsel for the Respondent Nos.1 & 5: GP FOR MINES^ANDGEOLOGY Counsel for the Respondent No.2 : GP FOR REVENUE Counsel for the Respondent No.3 : GP FOR HOME Counsel for the Respondent No.4 : GP FOR IRRIGATION^AND COMMAND AREA DEVELOPMENT

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The Court made the following order:

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[3458]

APHC010302052025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 14998/2025

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Between:

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1.PALEPU GANGARAJU. S/0. NARASIMHA MURTHY, AGED ABOUT 37 YEARS, OWNER OF BOAT, R/0. 9-135, MAIN ROAD, BODASAKURRU, ALLAVARAM, EAST GODAVARI DISTRICT - 533215.

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2.PENUPOTHU CHAMMARAJU,, S/0. PERIYYA AGED ABOUT 39 YEARS, OWNER OF BOAT, R/0. AGRAHARAM, YATAM, YANAM, PUDUCHERRY, -533464.

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3.PERABATTULA HARIBABU,, S/0. ANJANEYULU, AGED ABOUT⁴⁹ YEARS. OWNER OF BOAT, R/0. 7-125/3, LIBRARY STREET, KUKUNURU, TALLAPUDI, EAST GODAVARI DISTRICT-534341.

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4.DAGANI TRIMURTHULU,, S/0. BHIMAIAH, AGED ABOUT 42 YEARS. OWNER OF BOAT, R/0. 1-78, S.C PETA, VEGESWARAPURAM, TALLAPUDI, EAST GODAVARI DISTRICT534340.

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5.MALLADI VENKATESWAH, , S/0. POSIYYA, AGED ABOUT 25 YEARS. OWNER OF BOAT, R/0. 2-130, PALLI PETA, TALLAPUDI EAST GODAVARI DISTRICT-534341.

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...PETITIONER(S)

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT,

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2

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SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT-522237.

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2.THE TAHSILDAR, TALLAPUDI, EAST GODAVARI DISTRICT.

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3.THE STATION HOUSE OFFICER, TALLAPUDI POLICE STATION,

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EAST GODAVARI DISTRICT.

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4.THE ASSISTANT EXECUTIVE ENGINEER, AGRB SECTION, IRRIGATION DEPARTMENT , KOWUR, EAST GODAVARI DISTRICT.

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5.THE DISTRICT MINES AND GEOLOGY OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. RR 4 AND 5 ARE IMPLEADED AS PER THE COURT'S ORDER DT 27 06 2025 IN I.A.NO. 02 OF 2025.

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...RESPONDENT(S):

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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 3rd Respondent in seizing the small dredging Boats of the petitioners in connection with FIR No.82 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 vehicles of the Petitioners forthwith in the interest of justice and pass

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lA NO: 1 OF 2025

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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 the small dredging Boats of the petitioners pending disposal of the above writ petition in the interest of justice and pass

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lA NO: 2 OF 2025

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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

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may be pleased to permit the Petitioners to implead^{theproposedrespondent} Nos.4 and 5 herein as party respondent Nos.4 and 5 in Writ Petition No. 14998 of 2025 and pass

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Counsel for the Petitioner{S):

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B JAVA PRABHAKARA RAO

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR REVENUE

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3.GP FOR MINES AND GEOLOGY

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The Court made the following:

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ORDER:

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Heard Sri B. Jaya Prabhakara Rao, learned counsel for^{thepetitioners} and the learned Government Pleader for Mines and Geology,^appearingfor the respondents.

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The relief sought in the Writ Petition is for a direction^torelease the boats seized by the respondents.

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It is contended that when the petitioners subject boats^wereidle at Modugulammma Temple, Tallapudi Village and Mandal, the respondents have seized the boats on the pretext that the petitioners have been excavating the sand unauthorizedly.

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The petitioner relying on the decision of the Supreme^Courtin the case of Sunderbhai Ambalal Desai Vs state of Gujarat^{^contendsthat}

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1 air 2003 SC 638

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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.43 dated 08.07.2025.

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It is contended on behalf of the respondents that owing to the cultural and religious importance of the river Godavari, people take bath i n the river during auspicious seasons and the indiscriminate dredging by using the dredging boats cause threat to the iives of the people apart from causing a disturbance to the river flow.

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It is further stated that the Chief Engineer, Irrigation Department, submitted feasibility reports for de-siltation at Prakkilanka and Thallapudi reaches, each for a quantity of 1,50,000 cubic meters. Upon due evaluation, CTE and CTO were granted by APPCB vide Order NO.6405/APPCB/ZO-VSP/KKD/CTE & CTO/2025, dated 11-05-2025. Based on these approvals, the Irrigation Department subsequently permitted and selected boatsmen societies to undertake de-siltation strictly through manual methods using non-mechanized boats. 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

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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^{WritPetition.}

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Considered the rival submissions.

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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:

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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 5“^ respondent, pending proceedings that may have already been initiated or that are contemplated against the petitioner, on the subject issue,

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b. The said deposit will be subject to the outcome of the proceedings that may have already been initiated or^thatare contemplated against the petitioner, on the subject^issue,

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c. The petitioners shall also furnish an undertaking to the respondent that they will not engage themselves in any of the unauthorized dredging activity, pending further investigation on the issue.

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The Writ Petition is accordingly disposed of.

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As a sequel, all pending miscellaneous applications shall stand

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closed.

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Sd/- B. PRASADA RAO ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To.

The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District-522237.

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The Tahsildar, Tallapudi, East Godavari District.

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The Station House Officer, Tallapudi Police Station, East Godavari District. 4. The Assistant Executive Engineer, AGRB Section, Irrigation Department, Kowur, East Godavari District. 5. The District Mines and Geology Officer, Rajamahendravaram, East Godavari District.

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