Loku Banda Herath vs Commissioner General of Land and others – CA WRIT APPLICATION 752/2010-2012
In the case between Mr. Loku Banda Herath (as successor to Anulawathie, the original permit holder) and various officers of the Land Department and associated state officials, the court examined whether the cancellation of a land permit under Section 109 of the Land Development Ordinance was lawful when the petitioner, acting as successor, had appeared and shown cause at the statutory inquiry. It was held that such a cancellation was improper, reaffirming the principle that an order of cancellation under Section 109 is warranted only when neither the permit holder nor the successor appears or shows cause. Reliance was placed on the statutory framework of Sections 106, 109, and 110 of the Land Development Ordinance, clarifying that non-compliance with requirements for inquiry and due consid

