The completion of construction on designated public land renders petitions challenging interim orders under Section 133 of the Cr.P.C. moot, emphasizing the need for practical resolution over academic debate.

ORDER

This petition under Article 226 of Constitution of India has been filed seeking the following reliefs:

"A. That, the Hon’ble court may kindly be pleased to send for the entire records pertaining to facts and circumstances of the instant writ petition.

B. That, this Hon’ble court may kindly be pleased to issue an appropriate writ, order or direction to respondent No. 1 to 4 to restrain respondent no. 5 and 6 from making construction on public park of Peptech City, Chhatarpur.

C. That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, order or directions to quash order dated 12-9-2024 passed in Cr. Revision th no.45/2024 of the court of 6 Additional Session Judge, Chhatarpur.

D. That, this Hon’ble court may kindly be pleased to issue any other writ, order or directions deems fit and proper to the facts and circumstances of the instant petition. 

E. That, this Hon’ble court may kindly be pleased to award cost of the litigation in favour of petitioner."

2. It is submitted by counsel for petitioners that respondents Nos.5 & 6 have constructed a temple on the land which is earmarked for park purposes. Proceedings under Section 133 of Cr.P.C. were initiated and an interim order was passed thereby restraining respondents nos.5 & 6 from raising construction. Being aggrieved by interim order dated 27.09.2023, respondents Nos.5 & 6 filed an objection but the same was rejected and by order dated 14.03.2024 objection raised by respondents Nos.5 & 6 to dismiss proceedings under Section 133 of Cr.P.C. was rejected. Being aggrieved by said order, respondents Nos.5 & 6 preferred Criminal Revision No.45/2024 which was allowed by order dated 12.09.2024 passed by Sixth Additional Sessions Judge, Chhatarpur and remanded the matter back on the ground that preliminary order under Section 133 of Cr.P.C. was not passed after giving an opportunity of hearing to respondents Nos.5 & 6 and accordingly, it was directed that matter be decided afresh after giving full opportunity of hearing to all the contesting parties.

3. Challenging the order passed by Court below, it was accepted by counsel for petitioner that respondents Nos.5 & 6 have already completed the construction of temple.

4. Although impugned order has been challenged on multiple grounds but since construction of temple is already over, therefore, no useful purpose would be served by academically deciding the correctness of the order passed by Sixth Additional Sessions Judge, Chhatarpur.

5. Under these circumstances, where proceedings under Section 133 of Cr.P.C. are still pending, this Court is of considered opinion that no useful purpose would be served by entertaining this writ petition. Accordingly, by keeping all the questions and objections open, this petition is disposed of with following observations:

(i) The Revisional Court while remanding the matter had also directed the parties to appear before SDM, Chhatarpur on 27.09.2023. It is not known as to whether parties had appeared before S.D.M, Chhatarpur on 27.09.2023 or not? Accordingly, it is directed that in case if both or either of the party has failed to appear before S.D.M., Chhatarpur on 27.09.2024, then they shall positively appear before S.D.M., Chhatarpur on 16.10.2024.

(ii) S.D.M., Chattarpur is directed to decide the proceedings initiated under Section 133 of Cr.P.C. within a period of three months from today.

6. With aforesaid directions, the petition is finally disposed of.