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2026 DAILYLAW 7965 (UTT)

FAREDA ABRAR v. JAVED WARIS ALI KHAN

WPMS/2061/2026 · 2026-07-10

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010117982026 2026:UHC:5656 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2061/2026 Fareda Abrar --Petitioner Versus Javed Waris Ali Khan --Respondent Hon’ble Manoj Kumar Tiwari, J. Dr. Kartikey Hari Gupta, Advocate for the petitioner. 2. By means of this writ petition, petitioner has sought following reliefs: “i. A Writ Order or Direction in the nature of Certiorari calling for records and set-aside the Order dated 14.10.2025 passed in Civil Revision No. 43/2024 'Ms. Fareda Abrar v. Javed Waris Ali Khan'; AND Order dated 15.05.2024 passed in Misc. Civil Case No. 04/2023 'Fareda Abrar v. Javed Waris Ali Khan.' (Annexure No. 1 at Pg. No. 14-20). ii. A Writ Order or Direction allowing the Misc. Case No. 04/2023 'Fareda Abrar v. Javed Waris Ali Khan' u/s 30 (1) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (U.P. Act No. 13 of 1972) in the Court of Ld. Civil Judge, Nainital by directing the Ld. Civil Judge, Nainital (Annexure No. 5 at Pg. no. 61-62) to deposit the rent of the tenanted premises of the petitioner.” 3. Petitioner moved application under Section 30 of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (U.P. Act No. 13 of 1972) seeking permission to deposit rent before the Prescribed Authority. The application was UKHC010117982026 2026:UHC:5656 rejected by holding that the aforesaid Act is repealed and a new legislation, dealing with tenancy, is enforced w.e.f. 01.01.2023. The new legislation which holds the field is known as Uttarakhand Tenancy Act, 2021. Revision petition filed by petitioner, against order passed by Prescribed Authority, was also dismissed. 4. Feeling aggrieved by order passed by learned Prescribed Authority, as affirmed by Revisional Court, petitioner has approached this Court. 5. This Court concurs with the view taken by learned Courts below. 6. Upon repeal of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, Section 30 of that Act cannot be invoked by a tenant for depositing rent. 7. Thus there is hardly any scope for interference in the matter. 8. The writ petition however, is disposed of with liberty to petitioner to seek such remedy, as is available to her in law. (Manoj Kumar Tiwari, J.) 10.07.2026 Mahinder/