Nawurunnage Sarath Kumara vs R. B. Rathnayake – CA PHC 237/2019-2025

In the matter between R. B. Rathnayake (Resident Project Manager, Mahaweli Authority of Sri Lanka) and Nawurunnage Sarath Kumara, the court addressed the maintainability of an eviction application under Section 5 of the State Lands (Recovery of Possession) Act No. 07 of 1979, concerning whether the land was State Land and the locus standi of the Respondent. The court held that the Magistrate is not competent to question the competent authority’s opinion on land being State Land, and the sole permissible defense is possession under a valid State permit. This decision reaffirmed the principle that proceedings under Section 5 of the Act are for the speedy recovery of State Land, not for adjudicating title disputes. The decision relied on the State Lands (Recovery of Possession) Act and the Ma