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State of Jammu-Kashmir - Section

Section 1 in The Jammu and Kashmir Registration of Deeds (Validating) Act, 2008 (1951 A.D.)

1. Sardapora Bejyara 2. Khasan Pat 3. Matti Pora 4. Hanjwatra 5. Qabza Malva 6. Kavsa 7. Magam 8. Ari Pathan 9. Pala Pora, Baramulla 10. Ganshan.

were excluded from the territorial jurisdiction of Munsiff, Baramulla, and included in that of Munsiff, and included in that of Munsiff, Srinagar, and from that date Munsiff, Srinagar, and sometimes thereafter Sub-Registrar, Srinagar, was acting as Sub-Registrar for these ten Patwar Halqas also;And whereas with effect from 1st Katik, 1993, the post of Munsiff, Baramulla was shifted to Sopore and a new post of Subordinate Judge was established at Baramulla;And whereas the then Inspector General of Registration (Sir Bajor Dalai) conferred upon the Subordinate Judge, Baramulla powers of a Sub-Registrar under section 6 of the Registration Act, 1977, but no notification was issued in the Government Gazette defining the limits of his jurisdiction as required under sub-section (2) of section 5 of the said Act;And whereas it has been found that both Subordinate Judge Baramulla, and Sub-Registrar, Srinagar, have been exercising powers of Sub-Registrar for the ten Patwar Halqas refer ed to above ;And whereas a Division Bench of the High Court in Civil Appeal No. 334 of 2002, Ali Malik Versus Shamboo Nath, held that the Subordinate Judge, Baramulla, could not exercise powers of Sub-Registrar for the ten Patwar Halqas refrred to above ;And whereas the Subordinate Judge, Baramulla, has been exercising registration powers for those ten Patw ar Halqas bona fide believing that he has such jurisdiction ;And whereas it is expedient that the registration of the documents registered by the Subordinate Judge, Baramulla, should be validated to avoid complication that are likely to arise if no such step is taken ;Now, therefore, in exercise of the powers reserved under section 5 of the Jammu and Kashmir Constitution Act, 1996, read with the proclamation issued by His Highness and published in the extraordinary issue of the Government Gazette dated 7th Har, 2006 Yuvraj Shree Karansingh Ji Bhadur is pleased to enact as follows :-