DIVISIONAL SECRETARY, MANIKHINNA

DIVISIONAL SECRETARY, MANIKHINNA

Vs.

BUHARDEEN

COURT OF APPEAL
WICKREMASINGHE,J.
SAMAYAWARDHENA, J.
CA/PHC/140/2013
PHC KANDY 23/2010/REV
MC TELDENIYA 92159

State Lands (Recovery of Possession) Act, No. 7 of 1979, sections 5, 6, 7, 8, 9, 10, 18--Encroachment upon state land-Unauthorised possession-Written authority-Scope of the inquiry-Competent authority

The petitioner divisional secretary filed an application in the Magistrate's Court under section 5 of the State Lands (Recovery of Possession) Act, No. 7 of 1979, to eject the respondent from the land in suit. The respondent resisted the application on the basis that the land is a private land and not a state land. As the respondent did not produce a valid permit or other written authority of the State, the Magistrate's Court made the order of ejectment under section 10 of the Act. In revision, the High Court set aside the order relying on Senanayake v. Damunupola [1982] 2 Sri LR 621. The petitioner moved the Court of Appeal to revise the order of the High Court.

Held:

1. There is a difference between challenging a decision of the competent authority under section 3 of the Act

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