Deepthi Kumara Uyanwatta, Deepthi Motors, Anuradhapura vs Ashoka Alawattte, Divisional Secretary, Divisional Secretary’s Office, Pandulgama, Anuradhapura – CA PHC 139/2006-2013

In the case between Ashoka Alawattte, Divisional Secretary, Divisional Secretary’s Office, Pandulgama, Anuradhapura (Plaintiff-Respondent-Respondent) and Deepthi Kumara Uyanwatta, Deepthi Motors, Anuradhapura (Respondent-Petitioner-Appellant), the court addressed whether proceedings to recover possession of State land—previously alienated under the Land Development Ordinance—must proceed exclusively under that Ordinance or may also be brought under the State Lands (Recovery of Possession) Act, and whether the Divisional Secretary was the proper Competent Authority to initiate such proceedings. It was held that the State is not precluded from electing to recover possession under the State Lands (Recovery of Possession) Act even where prior alienation occurred under the Land Development Ordi