Wasantha Devi Serasinghe et al. vs Alwila Dewage Prabhath Indika Prasanna – CPA NO.87/22-2022

In the case between Wasantha Devi Serasinghe, Deniya Gamage Nandana de Silva, and others (petitioners) and Alwila Dewage Prabhath Indika Prasanna, Provincial Commissioner (Western Province) (respondent), the court addressed whether the petitioners were entitled to a revision of the High Court order which refused stay orders and dismissed their applications relating to eviction from alleged State land. It was held that the threshold for revisionary jurisdiction, namely the existence of exceptional circumstances or miscarriage of justice, was not met. The legal principle reaffirmed is that the revisionary jurisdiction of the Court of Appeal is exercised only in exceptional cases where a clear miscarriage of justice or procedural impropriety is apparent. This decision relied upon statutory in

REF: CPA NO.87/22-2022 Category: Tag:
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