TRW & Co · Land and property
Contested Mutation: Objections, Misc Cases and Appeals
The mutation appeal process lets a landowner challenge an AC Land's namjari order through the Additional Deputy Commissioner (Revenue), the Additional Divisional Commissioner (Revenue) and the Land Appeal Board. This guide explains objections before the order, misc cases to correct a wrong mutation, the appeal ladder and its short time limits, and when a Chattogram civil court is the better forum.
Key pointDecide first whether the dispute is about the record or about ownership. Revenue appeals correct the khatian quickly but cannot finally settle title, so contested ownership needs a civil suit running alongside, ideally with an injunction against onward sale.
At a glance
Three revenue appeal levels
AC Land orders on mutation are appealed to the ADC (Revenue), then the Additional Divisional Commissioner (Revenue), and finally the Land Appeal Board.
Short time limits
Published guidance applies 30 days for each of the first two appeals and 90 days for the Land Appeal Board, running from the date of the order.
Misc case for wrong mutations
Serious errors in a completed mutation are corrected through a misc case before the AC Land, now managed on the Ministry of Land's case system.
Mutation is not title
The High Court Division has confirmed that a khatian is not a deed of title; ownership disputes belong in the civil courts, whose decrees bind revenue officers.
Object before the order
Co-sharers can file a written objection at the AC Land's hearing, which is usually faster and cheaper than any appeal after the khatian is opened.
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The short answer
The mutation appeal process runs up the land revenue hierarchy. An order of the Assistant Commissioner (Land) on a mutation (namjari) can be appealed to the Additional Deputy Commissioner (Revenue), then to the Additional Divisional Commissioner (Revenue), and finally to the Land Appeal Board. The time limits commonly applied are short: 30 days for each of the first two appeals and 90 days for the Land Appeal Board, according to published guidance.
Before appealing, two other routes may be faster: an objection at the AC Land's hearing, before any order is made, and a miscellaneous (misc) case before the AC Land to correct a wrong mutation. And where the real fight is about who owns the land, the revenue officers cannot finally decide it; a civil suit is the proper forum.
Why mutation disputes are different from title disputes
Mutation updates the record of rights after land changes hands. It is made by the AC Land under the record-keeping powers in the State Acquisition and Tenancy Act 1950, now through the Ministry of Land's e-mutation system. It matters because without a mutation khatian you cannot pay land development tax in your own name, and, as reported of the rules notified in 2025, unmutated land cannot readily be sold or gifted.
But mutation is a revenue record, not a judgment on ownership. The High Court Division restated in Civil Revision No. 6034 of 2024 that a khatian is not a deed of title. The revenue officers decide whether the record should change; the civil courts decide who owns the land. Choosing between the mutation appeal process and a civil suit is therefore the first strategic decision in any contested namjari.
Objecting to someone else's namjari
The cheapest moment to stop a wrong mutation is before it is made. When an application is filed, the AC Land's office calls for a report from the union or city land office and issues hearing notices. Co-sharers and other interested persons can file a written objection and be heard.
- Watch the record. Search the khatian and dag on the Ministry of Land's portal periodically, especially for inherited land held jointly.
- File a written objection to the AC Land handling the application, attaching certified copies of your deeds, khatians and any pending suit or injunction.
- Attend the hearing, or send a representative, and ask for a reasoned order.
- If you hear of the application only after the order, move quickly to a misc case or appeal.
Notices do not always arrive, so co-owners of family land in Chattogram should not rely on being told. Our guide to the namjari process online explains how applications are filed and tracked.
Misc cases before the AC Land
A miscellaneous case is an application to the AC Land to review or correct a mutation already made, for example where a khatian was opened in the wrong name, for the wrong share or on a defective document. Minor clerical errors can be corrected by the AC Land directly; more serious errors are dealt with in a misc case after notice to the affected parties.
Misc cases, review cases and rent certificate cases are now handled through the Ministry of Land's land revenue case management system, which also publishes hearing dates by division, district and upazila. The Ministry's fee schedule lists the official charges for a review application and the related DCR.
A misc case application should identify the mutation case number and the khatian opened, explain precisely what is wrong, and attach the documents that prove it: the deed actually executed, the earlier khatian showing the true holders, or the warish certificate listing every heir. Ask for the wrongly opened khatian to be cancelled or corrected and for the earlier record to be restored. Where the error came from a forged document, say so and attach whatever evidence you have, because it may also justify a complaint under the criminal law or the Land Crime Prevention and Remedy Act 2023.
A review by the same officer is quick, but published guidance indicates that choosing review can affect the right to appeal the same order. Decide between review and appeal before filing, and calendar every deadline from the date of the order, not from the date you obtained a copy.
The mutation appeal process, step by step
If the AC Land's order stands, the mutation appeal process takes the matter up three levels. In Chattogram, the first two levels sit in the Deputy Commissioner's office and the Divisional Commissioner's office in the city; the Land Appeal Board, established under the Land Appeal Board Act 1989, is a national body.
- Obtain the order. Download or collect a copy of the AC Land's order and the case record. Note the date of the order; time runs from it.
- Appeal to the ADC (Revenue). File a memorandum of appeal with the Additional Deputy Commissioner (Revenue), Chattogram, within the limit commonly applied of 30 days, stating the grounds and attaching certified copies.
- Seek interim protection if needed. Where the other side may sell or mortgage on the strength of the mutation, ask the appellate officer for a stay, and consider a civil injunction in parallel.
- Second appeal to the Additional Divisional Commissioner (Revenue). Against the ADC's decision, a further appeal lies to the Additional Divisional Commissioner (Revenue), Chattogram Division, generally within a further 30 days.
- Final appeal to the Land Appeal Board. Against the divisional decision, an appeal lies to the Land Appeal Board, generally within 90 days. The Board is the final revenue appellate authority.
- Implement the result. Once an appellate order is final, apply to the AC Land to correct the khatian accordingly, and update land development tax records.
Revision is a parallel route. Superior revenue officers can call for the record and correct a subordinate's order; published guidance gives longer windows for revision than for appeal. Revision is discretionary, though, so a party with a right of appeal should normally use it.
Grounds that usually carry weight
Appellate revenue officers look for a specific error in the AC Land's order. Grounds that tend to carry weight in the mutation appeal process include:
- No notice or no hearing. A co-sharer or recorded owner who was never served, or whose objection was not considered, has a strong procedural ground.
- A defective chain. The order relied on a deed by someone not shown in the record, or on a power of attorney that did not authorise the sale.
- Wrong share or area. The mutation gave the applicant more than the deed or the inheritance shares support, a frequent problem with jointly held family land.
- Omitted heirs. An inheritance mutation left out heirs shown in the warish certificate; under the rules reported in 2025, all heirs should be listed together.
- Government or disputed land. The land was khas, vested, acquired or subject to a pending suit or injunction that the AC Land did not consider.
- An unreasoned order. An order that simply allows or rejects without engaging with the documents is vulnerable on appeal.
What goes in the appeal file
A strong file for the mutation appeal process contains the AC Land's order and the case record; certified copies of the deeds in the chain; the survey khatians (BS and, where relevant, RS and SA) and any mutation khatian; the warish certificate and death certificates for inheritance cases; land development tax receipts; and copies of any suit, injunction or criminal case. A short chronology on the first page saves the officer time and focuses the hearing on the real error.
Comparing the routes
| Route | Who decides | Time limit (as published) | Best for |
|---|---|---|---|
| Objection at hearing | AC Land, before the order | Before or at the hearing | Stopping a wrong mutation before it is made |
| Misc or review case | AC Land | Short; review within 30 days of the order | Clear errors in a mutation already made |
| First appeal | ADC (Revenue), Chattogram | 30 days from the order | Wrong decisions on documents, shares or procedure |
| Second appeal | Additional Divisional Commissioner (Revenue) | 30 days from the first appeal decision | Correcting the first appellate decision |
| Final revenue appeal | Land Appeal Board | 90 days from the second appeal decision | Final revenue determination |
| Civil suit | Chattogram civil courts, by valuation | Limitation Act periods | Who owns the land; cancelling deeds; possession |
| Writ petition | High Court Division | Without unreasonable delay | Orders made without jurisdiction or in breach of natural justice |
The time limits in the table are those reported in Prothom Alo's 2023 guide and other published guidance. Check the current position for your case before relying on them, and file early rather than at the edge of a limit.
When to go to the civil court instead
The mutation appeal process is the right tool when the question is whether the record should change on the documents produced. It is the wrong tool when the question is who owns the land. Signs that you need a civil suit include a forged or disputed deed, competing inheritance claims, a sale by someone who had no title, and possession held by the other side.
Civil suits in Chattogram are filed in the court of the Assistant Judge, Senior Assistant Judge or Joint District Judge depending on the value. A decree for declaration of title, cancellation of a deed or recovery of possession then binds the revenue officers, who mutate in line with it. Errors in a finally published survey record, as opposed to a mutation, belong to the Land Survey Tribunal. Our guide to land dispute resolution maps every forum.
Co-owners living abroad
Many contested mutations in Chattogram involve a co-sharer working in the Gulf, the UK or elsewhere who learns of a relative's namjari months later. Distance does not change the mutation appeal process, but it makes deadlines harder to meet. A power of attorney executed abroad and properly authenticated lets a lawyer or trusted relative file the misc case or appeal, attend hearings and obtain certified copies. Our NRB property lawyers in Chattogram act on such instructions, and TRW & Co's offices in Dubai, Singapore and London can help with signing and sending documents.
An illustrative scenario
Illustrative only; no real parties. Two brothers inherit land in an upazila of Chattogram district. One of them sells the whole plot to a buyer, who applies for mutation. The other brother learns of it only when the AC Land has already opened a new khatian in the buyer's name.
His lawyer files a misc case and, in the alternative, an appeal to the ADC (Revenue) within time, attaching the warish certificate and the earlier khatian showing both brothers as co-sharers. Because the buyer also claims the whole plot, the lawyer files a civil suit for declaration of the brother's half share with an application for a temporary injunction against further transfer. The revenue appeal corrects the record for now; the civil suit settles ownership.
The point is sequencing: the mutation appeal process protects the record quickly, and the civil suit settles ownership finally.
Risks and common mistakes
Missing the deadline
The appeal windows are short and run from the date of the order. Parties often lose weeks waiting for a certified copy or negotiating informally. File the memorandum on time with whatever copies you have, explain any missing document, and supplement it later. If a deadline has passed, take advice immediately on revision or a civil suit rather than abandoning the challenge.
Fighting title in the revenue courts
Revenue officers can examine documents but cannot finally decide a contested title. Spending a year in the mutation appeal process on a dispute that turns on a forged deed often ends with an order telling the parties to go to the civil court. Where title is genuinely in dispute, start the civil suit early and use the revenue route only to protect the record.
Ignoring the risk of onward sale
A mutation in the other side's name makes it easier for them to sell or mortgage. An appeal alone does not stop that. Ask the appellate officer for a stay and consider a temporary injunction from the civil court. A careful buyer's lawyer will also ask whether any revenue case or suit is pending, so make sure yours is properly on record.
Poorly prepared appeal papers
Appeals are often decided on the file. A memorandum that does not identify the error, or that attaches illegible photocopies, gives the officer little to work with. Set out the facts in date order, attach certified copies of deeds, khatians and the warish certificate, and explain clearly why the AC Land's order is wrong.
Checklist: what to do next
- Download or collect the AC Land's order and note its date.
- Gather certified copies of deeds, khatians, warish certificates and any court orders.
- Decide whether the dispute is about the record or about title.
- Choose review, misc case or appeal, and file within time.
- Ask for a stay if the other side may transfer the land.
- Start a civil suit in parallel where ownership is genuinely contested.
TRW & Co's mutation lawyers in Chattogram file objections, misc cases and appeals before the revenue officers, and our land lawyers and civil litigation team run the parallel suits. For advice on a contested mutation, contact us at info@trw.co or +880 1779 127165, or visit our law firm in Chittagong at Room 4022, Annex 2, District and Sessions Judge Court Building, Court Hill (Porir Pahar), Kotwali, Chattogram 4000.
Frequently asked questions
01How do I appeal against a mutation order of the AC Land?
File a memorandum of appeal with the Additional Deputy Commissioner (Revenue) for the district, in Chattogram at the Deputy Commissioner's office, setting out the grounds and attaching the AC Land's order and certified copies of your documents. Published guidance applies a 30-day limit from the date of the order. Further appeals lie to the Additional Divisional Commissioner (Revenue) and then the Land Appeal Board.
02What is a misc case in land mutation?
A misc (miscellaneous) case is an application to the AC Land to correct or review a mutation already made, for example where the khatian was opened in the wrong name or for the wrong share. Minor clerical errors can be corrected directly; serious ones are heard after notice to the affected parties. Misc and review cases are now handled through the Ministry of Land's land revenue case management system.
03What is the time limit for a mutation appeal?
Published guidance, including Prothom Alo's 2023 explainer, gives 30 days to appeal to the ADC (Revenue), a further 30 days to appeal to the Additional Divisional Commissioner (Revenue), and 90 days to appeal to the Land Appeal Board, each running from the order being challenged. Revision has longer windows but is discretionary. Treat these limits strictly and file early.
04Can the Land Appeal Board decide who owns the land?
No. The Land Appeal Board, established under the Land Appeal Board Act 1989, is the final revenue appellate authority. It decides whether the record of rights should be changed, not who owns the land. Ownership, cancellation of deeds and possession are decided by the civil courts, and the revenue officers then mutate in line with the decree.
05Should I appeal the mutation or file a civil suit?
If the dispute is about whether the AC Land read the documents correctly, appeal through the mutation appeal process. If it is about who owns the land, for example a forged deed or competing inheritance claims, file a civil suit for declaration of title, with an injunction if needed. In many Chattogram cases both run together: the appeal protects the record while the suit settles ownership.
06Can someone mutate my land without my knowledge?
It happens, especially with jointly held family land, because hearing notices do not always reach every co-sharer. Check the khatian and dag online periodically. If a wrong mutation has been made, act quickly through a misc case or appeal, and where the other side may sell, seek a stay or a civil injunction. Forgery or fraud may also justify a criminal complaint.
Sources and official materials
- Ministry of Land e-mutation system — Online mutation applications and tracking
- Land revenue case management system (Ministry of Land) — Misc, review and rent certificate cases; hearing dates
- Ministry of Land: fixed fees for land services — Official mutation, DCR and review fees
- Land Appeal Board Act 1989 (Act No. 24 of 1989), FAOLEX — Establishment of the Land Appeal Board
- State Acquisition and Tenancy Act 1950 — Record of rights and mutation powers
- High Court Division, Civil Revision No. 6034 of 2024 — A khatian is not a deed of title
- Prothom Alo: how to do land mutation (2023) — Appeal, revision and misc case time limits
General information only, current as at 2 November 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
