S.B. SHUKRE, J.

1. HEARD.

2. Rule. Rule made returnable forthwith. Heard finally by consent.

3. The order dated 6th June, 2017, passed under Section 133 of the Code of Criminal Procedure by the Sub-Divisional Magistrate, Akola is under challenge in this application. This order directs the applicant to demolish the disputed structure occupied by the applicant as a permissive user of the landlord i. e. respondent No. 1, within ten days from the date of order, failing which, the structure would be brought down forcibly.

4. On going through the impugned order, I find that it does not comply with the mandatory requirement of Section 133 of the Criminal Procedure Code as rightly submitted by the learned counsel for the applicant. Section 133(1) Cr. P. C requires that first a conditional order must be passed and then the final order if the need arises has to be passed by the Executive Magistrate invested with the power under this Section. This is also the view taken by the learned Single Judge of this Court way back in the year 1981 in the case of Sudhakar Vithalrao Welaniwar vs. Liberty Services and others, (1983) MhLJ 676. In the present case no such conditional order has been pas