Asantha Titus Kamburugamuwa vs Assistant Divisional Secretary – CA PHC/145/2008-2017

In the case between Asantha Titus Kamburugamuwa (Petitioner-Appellant) and the Assistant Divisional Secretary, Divisional Secretariat Office, Kobeigane (Respondent-Respondent), the court addressed whether the Provincial High Court possessed jurisdiction under Article 154P(6) read with Article 138 of the Constitution to issue a writ of mandamus compelling the implementation of a recommendation concerning a land dispute, where the land in question is state land not listed in the Provincial Council List. The court held that the Provincial High Court lacks writ jurisdiction over matters regarding recovery, dispossession, encroachment, or alienation of state lands, these being outside the Provincial Council List as established by the Supreme Court in The Superintendant, Stafford Estate and two

REF: CA PHC/145/2008-2017 Category: Tag:
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