HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6263 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ram Prasad Dwivedi, the learned counsel for the petitioner and Shri Sandeep Srivastava, the learned Standing Counsel for the State of U.P., who has raised two fold preliminary objections- first, that the State of U.P. is not a party to the proceedings before the trial Court and, therefore, it ought not to have been impleaded in this petition and, secondly, that the impugned order has been passed rejecting an application under Order 39 Rule 1A (2) CPC and the petitioner has a statutory remedy of filing a appeal under Section 104 r/w Order 43 Rule 1(r) CPC. 2. There is force in the aforesaid objections taken by the learned Standing Counsel. 3. Accordingly, the petition is dismissed as not maintainable in view of availability of statutory remedy of filing an appeal to the petitioner. November 3, 2025 -Amit K- Versus Counsel for Petitioner(s) : Ram Prasad Dwivedi Counsel for Respondent(s) : C.S.C. (Subhash Vidyarthi,J.) Sheshram Yadav .....Petitioner(s) State Of U.P. Thru. Dist. Magistrate Shrawasti And 5 Others .....Respondent(s) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench