P.L. Dumindarathna & Others vs. Ven. Bengamuwe Dhammadinna Thero – SC APPEAL MISCELLANEOUS 04/2012-2024

In the case between P.L. Dumindarathna, P.L. Nishapathi Jayawardena, and Amarasiri Pathirana (Appellants) and Ven. Bengamuwe Dhammadinna (Chief Incumbent of Sri Padasthanaya) and the National Gem and Jewellery Authority (Respondents), the issue addressed was whether the statutory authority existed for the National Gem and Jewellery Authority to revoke a previously issued gem mining licence (“X3”). The determination was made that the revocation was lawful, as the statutory scheme under the National Gem and Jewellery Authority Act, No. 50 of 1993, and relevant by-laws permitted cancellation on the ground of material misrepresentations concerning the title to the land in question, not limited strictly to defaults or non-compliance regarding payment or overt licence conditions. The principles