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State of Jammu-Kashmir - Section

Section 8 in The Jammu and Kashmir Consolidation of Holdings Act, 1962

8. Revision of the Khasra Girdawari and current Jamabandi and disposal of disputed cases.

(1)Upon revision of the estate maps under section 7, the Settlement Officer (Consolidation) shall, subject to the provisions hereinafter contained, cause to be revised the Khasra Girdawari of the unit after field to field girdawari and the current Jamabandi after its test and verification. He shall also cause to be prepared in respect of the plots falling in the unit, a statement showing the mistakes and disputes discovered during the course of field to field girdawari and test and verification of the current Jamabandi.
(2)Upon preparation of the statement mentioned in sub-section (1), the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] shall, after correcting the clerical mistakes, if any, send notice, together with relevant extracts from the current Jamabandi showing mistakes and disputes discovered under sub-section (1), to tenure-holders concerned and to the persons interested, calling upon them to file before him objections, if any, within [thirty days] [Substituted by Act XXVI of 1969.] from the date of the receipt of the notice, disputing the correctness or nature of the entries in the extracts and pointing out any omission therefrom.
(3)The [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] shall, after hearing the parties concerned, or where no objection is filed, after such enquiries as he may consider necessary, make an effort, as far as may be, to settle the disputed entries and mistakes by conciliation between the parties appearing before him and pass orders on the basis of conciliation so arrived at. The [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] while so acting, shall be deemed to be a Court of competent jurisdiction :[Provided that, no order under this sub-section shall be passed on the basis of conciliation which is repugnant to the provisions of any law or rule or Government Order for the time being in force.] [Proviso to sub-section (3) inserted by Act XXVI of 1969.]
(4)The [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] shall send the remaining disputed cases with a report on each case to the [Consolidation Tehsildar] [Substituted by Act XXVI of 1969.] for disposal in the manner hereinafter provided.
(5)Upon receipt of the disputed cases under sub-section (4), the [Consolidation Tehsildar] [Substituted by Act XXVI of 1969.] shall-
(a)issue notice to the parties concerned calling upon them to appear before him on a date and place mentioned therein ; and
(b)hear the parties concerned and record evidence, where tendered and decide the objections, as if it were a Court of competent jurisdiction.
(6)The annual records shall be revised on the basis of the orders of the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] under sub-section (3) and the orders of the [Consolidation Tehsildar] [Substituted by Act XXVI of 1969.] under sub-section (5).