Mohamed Ismail Mohammed Nazar Vs Kottal Bedde Vidanalage Dharmasiri – CA PHC NO. 115/2009-2018

In the case between Mohamed Ismail Mohammed Nazar and Kottal Bedde Vidanalage Dharmasiri, Director General, Urban Development Authority, the court addressed whether fresh eviction proceedings could be validly instituted in a competent Magistrate’s Court after earlier proceedings were discontinued for want of jurisdiction under the State Lands (Recovery of Possession) Act. It was held that a prior order made by a Magistrate’s Court without territorial jurisdiction constitutes a nullity, and does not preclude properly instituted subsequent proceedings in a court of competent jurisdiction. The court reaffirmed that the Magistrate’s inquiry under Section 9 of the Act is limited to ascertaining whether the respondent occupies state land without valid authority, and that challenges regarding bou