Bandiya V. The Land Commissioner

1950 Present : Gunasekara J.

BANDIYA, Petitioner, and THE LAND COMMISSIONER,
Respondent

S. C. 259-Application for Writs of Certiorari and Prohibition

Writs of Certiorari and Prohibition-Land Redemption Ordinance, No. 61 of 1942- Section 3 (1) as amended by section 2 of Ordinance No. 62 of 1947-Land Commissioner's powers of acquisition of land-Acquisition is executive and not judicial act.

The Land Commissioner's authority under the Land Redemption Ordinance to acquire an agricultural land depends not on its having been sold or transferred in the circumstances specified in section 3 (1) but upon his being satisfied that it has been so sold or transferred. If he is so satisfied, his acquisition of the land would be an executive and not a judicial act and therefore cannot be the subject of a writ of certiorari or of prohibition.

APPLICATION for writs of certiorari and prohibition in respect of a decision made by the Land Commissioner under the Land Redemption Ordinance.

R. S. Wanasundera in support.

Cur. adv. vult.

July 19, 1950. GUNASEKARA J.-

The petitioner alleges that the Land Commissioner, purporting to act under the Land

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