A.A. Mohamed Thaaj vs. H.M.U.B. Herath and others – CA PHC APN 53/2013-2016

In the case between H.M.U.B. Herath, Assistant Commissioner of Agrarian Development, Badulla (and successors in title/office) and A.A. Mohamed Thaaj, the Court of Appeal addressed the issue of whether revisionary jurisdiction could be exercised to challenge a restraining order affirmed by the High Court, specifically on grounds of exceptional circumstances, delay, and classification of land. It was held that the application for revision was not maintainable due to absence of exceptional circumstances and inordinate delay by the Petitioner, and that the land in question was properly classified as “paddy land” under relevant agrarian statutes. The principle reaffirmed is that revisionary powers under Article 138 of the Constitution require demonstration of exceptional circumstances and promp