Yallamudi Venkata Rao @ Venkateswara Rao Vs the State of Ap

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 a Writ, order or direction more particularly one in nature of WRIT OF MANDAMUS declaring the action of the Respondent Nos.3 to 5 in seizing the petitioner's boats by name Sri Lakshmi Ganpathi Veera bhadrayya Dredging Boat, Sri Lakshmi Dredging Boat, Sri Lakshmi Ganapathi Dredging boat, and Sadhguru Sainath Dredging boat in connection with FIR No.151 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 Petitioners forthwith in the interest of justice.

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lA NO: 1 OF 2091^

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Petition under Section 151 CPC praying that in the circumstances stated rn the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to grant interim custody of petitioner’s boats by name Srr Lakshmi Ganpathi Veera Bhadrayya Dredging Boat, Sri Lakshmi Dredging Boat, Sri Lakshmi Ganapathi Dredging boat, and Sadhguru Sainath Dredging boat pending disposal of the above writ petition.

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Counsel for the Petitioners: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent Nos.1 & 5:GP FOR MINES AND GEOLOGY 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 CAD The Court made the following order:

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[3458]

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APHC010411562025

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE EIGHTEENTH DAY OF AUGUST 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: 21115/2025

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Between:

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1.YALLAMUDI VENKATA RAO @ VENKATESWARA RAO, S/0 NAGESWARA RAO, AGED ABOUT 50 YEARS, R/0 2-36, DHARANI KOTA, GUNTUR DISTRICT.

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2.SANGEETHA VENKATA RATNAM,, S/0 VENKATESWARA RAO AGED ABOUT 32 YEARS, R/0 D.NO. 1-37, SEETHAMPETA, KOWURU MANDAL, WEST GODAVARI DISTRICT

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3.. KOTHAPALI BALAJI,, S/0 SATYA NARAYANA, AGED ABOUT⁴⁵ YEARS, R/0 D.NO. 3-136, SEETHAMPETA, KOWURU MANDAL, WEST GODAVARI DISTRICT.

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...PETITIONER(S)

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AND

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1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY, MINES^AND GEOLOGY DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE TAHSILDAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

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3.THE STATION HOUSE OFFICER, RAJAMAHENDRAVARAM II TOWN POLICE STATION, EAST GODAVARI DISTRICT.

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

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THE district MINES1 Rajamahendravaram ’

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AND geology OFFICER, GODAVARI DISTRICT.

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•■RESPONDENT(S);

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•■RESPONDENT(S); Petition under Articlp ^ 'n the Circumstances stated in the atflwf r^d" (1!'“'°" n' pleased to issue a Writ order or rii t- the High Court mav ho WRIT OF mandamus decia inn fhe ?" Particularly one in nature of se^g the petitioners boal h^n^ me LaVh Dredgtng Boat, Sri Lakshmi Dredging Boat Sri T'. Pbadrayya 2nds Sainath Dredging boat in ro Dredging 2025 without following the procedure ? “cnection with FIR No,151 of Rules, 1966 as illegal, irregular, arbitrary and cZ"a™ m ,h" y law and against to the principles of nV Pf°cedure^established of pass "r =rr■ r-” -

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Petition under Section 151 cpp in the affidavit filed in support of the petitfrih m" u® circumstances stated pleased to direct the respondents to grant inte P'^^peP by name Sri Lakshmi Ganpathi Veerfshln °f Petitioner’s^boats Dredging Boat, Sri Lakshmi Ganapathi Drfdainrh Dredging boat pending disposal of thf^ ah ^ ^ ^^clhguru^Sainath petition and to pass ' Pending disposal of the w iT

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Counsel for the Petitioner(S):

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1. SIVAPRASAD REDDY VENATI

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Counsel for the Respondent(S);

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1GP FOR HOME

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2.GP FOR REVENUE

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3.GPFOR IRRIANDCAD

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4 GP FOR MINES AND GEOLOGY

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3

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 21115/2025

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The Court made the following Order;

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Heard Sri Sivaprasad Reddy Venati, learned counsel for the petitioners and the learned Government Pleader for Mines and Geology, appearing for 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 empty boats were halted at Godavari Bund, beside Gayatri-3 Sand Ramp, Godavari Bund road, Rajamahendravaram, the respondents have seized^{theboatsonthe} pretext that the petitioners have been transporting the sand unauthorizedly.

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The petitioners relying on the decision of the Supreme^Courtin the case of Sunderbhai Ambalal Desai Vs state of Gujarat^{^contendsthat} 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 Clause 19(a) of G.O.Ms.No.100 dated 26.06.2025 and also on a decision of this Court in W.P.No.19046 of 2025, dated 25.07.2025 and prays the Court to dispose of the Writ Petition in terms of the said order.

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' AIR 2003 SC 638

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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 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.

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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

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5

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have already been initiated or that are contemplated against the petitioners, 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 that are contemplated against the petitioner, on the subject^issue,

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c. The petitioners shall also furnish Ih an undertaking to the 5

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respondent that they will not engage themselves in any of the unauthorized dredging activity, pending further investigation

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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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//TRUE COPY//

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Sd/- N. NAGAMMA ASSISTANT REGISTRAR SECTION OFFICER

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To,

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The PrI. Secretary, Mines and Geology Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Tahsildar, Rajamahendravaram, East Godavari District. 3. The Station House Officer, Rajamahendravaram II Town Police Station,

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East Godavari District.

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The Assistant Engineer,AGRB Section, Irrigation Department, Rajamahendravaram. East Godavari District.

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The District Mines and Geology Officer, Rajamahendravaram, East Godavari District.

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One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 7. Two CCS to GP for Mines and Geology High Court of Andhra Pradesh [OUT]

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Two CCS to GP for Home, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT]

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