Neutral Citation No. - 2025:AHC-LKO:27611 Court No. - 11 Case :- MATTERS UNDER ARTICLE 227 No. - 2779 of 2025 Petitioner :- Raisul Hasan Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 10 Others Counsel for Petitioner :- Mohammad Sayeed,Afaq Zaki Khan Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard, Shri Afaq Zaki Khan, learned counsel for the petitioner and learned A.G.A. This highly belated petition for implementation of the order dated 24.12.2014 passed in Case No.144 titled as Raisul Hasan Versus Irfan Alam and others under Section 133 Cr.P.C. relating to Police Station-Bilgram, District-Hardoi by the respondent no.3 i.e. the Sub Divisional Magistrate, Bilgram, District- Hardoi has been filed without explaining the delay and laches of more than ten years. Learned A.G.A. submits that this petition is misconceived and not maintainable because there is a prescribed procedure for implementation of the order passed under Section 133 Cr.P.C., which is provided under Cr.P.C. itself, which could not be disputed by learned counsel for the petitioner. However he submits that despite the repeated applications made by the petitioner no action is being taken. It has further submitted by learned A.G.A. that even the proceedings under Section 133 Cr.P.C. were even not maintainable because the removal of obstruction was sought from the agricultural land of the petitioner, which is apparent from the pleadings in paragraph 12 of the petition and the order dated 24.12.2014 passed by the Sub Divisional Magistrate, Bilgram, District-Hardoi, contained in annexure No.2 to the petition. Even otherwise learned A.G.A, on the basis of instructions submits that the order dated 24.12.2014 was complied. However again the branches have grown and the concerned person has informed that he will cut the same after harvesting of the mangoes. Learned counsel for the petitioner submits that no action has been taken on his applications. He invited attention of this court towards the applications made by the petitioner. First application after the aforesaid order dated 24.12.2014 was moved on 28.04.2015 on which a direction was issued to the Station House Officer, Bilgram, District-Hardoi for implementation of the annexed order. Thereafter there is no complaint by the petitioner that the order was not complied. He again made a complaint on 03.11.2021 for implementation of the aforesaid order and thereafter on 16.03.2024 he has made a complaint for implementation of the aforesaid order dated 24.12.2014. Thus it appears that whenever the branches grow in the trees, he moves application as per his choice. Perusal of the documents placed on record also indicates that for implementation of the aforesaid order the petitioner approached this court by filing Criminal Misc.Writ Petition No.1213 of 2025, which was got dismissed as withdrawn in view of the observations made by the Hon'ble Division Bench of this court that the petitioner has a remedy of filing a petition under Article 227 of the Constitution of India or under Section 482 Cr.P.C. Thereafter the petitioner approached this court by filing Application under Section 482 Cr.P.C. bearing No.1614 of 2025, which was got dismissed to avail the remedy as may be permissible in law, in view of the objection raised by learned A.G.A. that the petition under Section 482 Cr.P.C. is not maintainable and the applicant had approached this court after 11 years without explaining the laches. Now this petition under Article 227 of the Constitution of India has been filed without even explaining the delay and laches of more than 11 years. It is nothing but misuse of process of the court and wasting of time of this court time and again without any explanation for the delay and laches of more than 11 years, whereas even the application under Section 133 Cr.P.C. was not maintainable, therefore, this order could not have been passed and got implemented by this court. That too in view of prescribed procedure under Cr.P.C. for execution of the order. However this court at this belated stage is not going into that because it appears that the order was complied at that point of time. In view of above and the misuse of the process of the court this petition is dismissed with a cost of Rs.20,000/-, which shall be deposited by the petitioner with the Senior Registrar of this court within a period of one week from today, failing which it shall be recovered from the petitioner as arrears of land revenue. . . .................. .......................................(Rajnish Kumar,J.) Order Date :- 12.5.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench