Khas Land Writ in Bangladesh: Declarations, Leases and Eviction in 2026

Khas land writ: the legal framework

A khas land writ is how an owner, lessee or landless settler asks the High Court Division to stop the state from treating land as government property without lawful basis, or to hold the land administration to the terms of a lease it granted. Khas land is land vested in the government, and the Deputy Commissioner, Assistant Commissioner (Land) and settlement officers control a vast stock of it. Those powers are wide, but they are statutory, and the High Court Division regularly strikes down declarations, cancellations and record changes that go beyond them.

This guide covers the legal basis of khas land, the main types of dispute, the grounds on which a writ succeeds, the alternative remedies that can make a petition fail, and what recent judgments of 2025 and 2026 show about how the court approaches these cases.

Summary: Khas land is governed principally by the State Acquisition and Tenancy Act 1950 and government settlement policies. The High Court Division will intervene by writ where land is declared khas without the statutory preconditions, where a settled lease is cancelled or ignored unlawfully, or where revenue officers reopen record-of-rights decisions they have no power to review. It will not resolve disputed facts or bypass a statutory appeal.

Key point: Most khas land disputes turn on one question: did the officer act under a power the statute actually gives? A declaration under section 92 of the 1950 Act without proof of abandonment, or a review of a settled record-of-rights decision without authority, is liable to be declared without lawful authority.

At a glance

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Table of Contents

Khas land writ: the legal framework

Khas land is land in which the government holds the interest directly, without an intermediate owner or tenant. The State Acquisition and Tenancy Act 1950 is the core statute. It abolished the zamindari system, vested rent-receiving interests in the state and contains the provisions most often engaged in khas land disputes: section 76 on settlement and use of land vested in the government, sections 86 and 87 on land lost to diluvion or gained by accretion, section 92 on extinguishment of a raiyat's interest in certain cases, and section 145A on the Land Survey Tribunal.[1]

Article 42 of the Constitution protects the right to acquire, hold and dispose of property, subject to law.[2] A khas declaration that strips an owner of land without a statutory basis engages that right directly, which is why the High Court Division treats such cases as suitable for its writ jurisdiction under Article 102. Our overview of writ petitions in Bangladesh explains the jurisdiction generally, and our guide to khas land in Bangladesh covers the substantive law in more depth.

Who decides

Day-to-day control of khas land rests with the Deputy Commissioner as Collector, assisted by the Additional Deputy Commissioner (Revenue), the Assistant Commissioner (Land) and union land offices. Settlement committees at upazila and district level approve allocations under government policy, and the Land Appeal Board hears appeals from revenue decisions.[3] [8] Each layer has defined powers, and a decision taken at the wrong level, or reopened by an officer who lacks authority, is a recurring ground of challenge.

Types of khas land dispute

Khas land writ petitions fall into five broad groups. Identifying which one applies determines the forum, the evidence and the likely remedy.

• Khas declarations: private land declared khas because the owner is said to have abandoned it, died without heirs, or lost it to the river.
• Long-term leases: non-agricultural khas land leased decades ago for housing or business, where the authorities later refuse renewal, mutation or rent.
• Agricultural settlement: khas agricultural land allotted to landless families, where competing claimants dispute who should hold the kabuliyat.
• Record-of-rights changes: survey records altered to show land as khas after objection and appeal stages have ended.
• Eviction: notices to vacate government land or buildings issued against alleged unauthorised occupants.

Challenging a khas declaration

A khas declaration is the most serious step the land administration can take against a private owner, because it removes title. The court insists that the statutory preconditions are proved.

Abandonment must be real

In Jogesh Chandra Roy Memorial Trust v Government of Bangladesh, decided on 16 June 2026, revenue officers had declared 7.78 acres in Chattogram abandoned and then khas under section 92 of the 1950 Act, after a local union parishad chairman applied for the land himself. The land carried a college, a temple and a cremation ground. The High Court Division held that debottar property dedicated to a deity is held by a juristic person and cannot be treated as ownerless merely because the founder or shebait dies.

The court declared the khas inclusion without lawful authority, directed that the land be treated as debottar property until a civil court decided title, and ordered the Deputy Commissioner to appoint a shebait.[3]

The judgment is instructive in two ways, and it is now the leading recent authority for any owner facing a khas declaration under section 92. First, it shows the court looking past the label of abandonment to the facts on the ground. Second, it shows the court tailoring relief: because the petitioner's own title was clouded, the Rule was not simply made absolute in its favour, but the state's khas claim was removed.

Interest and mala fides

Where a khas proceeding is started at the request of someone who wants the land, the court will look carefully at whether the process was driven by that private interest.[3] Evidence of who applied, when and why should be gathered from the miscellaneous case file at the outset.

Land lost to the river and land that reappears

Char and riverbank land generates a large share of khas claims. Section 86 of the 1950 Act deals with abatement of rent on account of diluvion and with the determination of rights in land that reappears through alluvion, and section 87 deals with land gained by accession from the recess of a river or the sea.[1] A khas declaration over reappeared land should be tested against those provisions, the survey record before erosion and the owner's rent history. A khas land writ is appropriate where the officer has simply assumed that all reappearing land belongs to the state without applying the statutory test.

Leases, renewal and rent refusal

Thousands of long-term leases of non-agricultural khas land were granted for housing and commercial use in the 1950s, 1960s and 1970s. Many of those plots now carry apartment buildings with dozens of owners. When the government changes its renewal policy, the effect can be dramatic, and a khas land writ is often the only practical remedy.

The Segunbagicha leasehold cases

In a group of more than twenty petitions decided on 8 February 2021 and led by A K M Mainul Huq v Government of Bangladesh, flat owners in Segunbagicha and Kakrail challenged Ministry of Land orders of 2005 and 2011 that cancelled a 1985 circular treating long-term leases as permanently settled and imposed new renewal conditions. The land office had refused rent on the basis that the leases had expired and the land had become khas.[6]

The High Court Division held that the government could issue the 2005 order, but that it operated prospectively and could not curtail rights in land already permanently settled, particularly where the Deputy Commissioner's office had confirmed that no renewal was needed. It directed the respondents to register and mutate the flats and accept rent within one month.[6] The principle is clear: a policy change cannot be applied retrospectively to defeat vested rights.

Authority to file from abroad

Not every lessee succeeded. In a related 2022 petition by the heirs of a Segunbagicha leaseholder living in the United Kingdom, the court discharged the Rule without reaching the merits, because the general power of attorney under which the petition was sworn had been executed abroad without compliance with rule 10(5) of the Power of Attorney Rules 2015.[7] For overseas owners, the validity of the power of attorney is a threshold issue that must be fixed before filing.

Agricultural khas land settlement

Agricultural khas land is allotted to landless families under a government settlement policy published by gazette on 12 May 1997. Allocation runs through upazila and district committees, and the policy gives priority to landless people of the same mouza.[8]

Heirs, competing claimants and disputed facts

In Md Khursed Alam v Bangladesh, decided on 8 January 2026, landless villagers in Sherpur challenged an order directing registration of a kabuliyat in favour of the widow of a man to whom the land had been settled in 1990. They said they were in possession and that she was an outsider. The High Court Division discharged the Rule. Under clause 7.0 of the 1997 policy, lawful heirs are entitled to a lease granted to their predecessor, and the competing claims about possession and residence were disputed questions of fact that could not be decided in writ jurisdiction.[8]

The lesson for any khas land writ about settlement is that the petition must turn on a question of power or law, not on whose account of the facts is true. Where the facts are contested, the committee process and the civil courts are the better forum.

Record-of-rights changes to khas

Survey operations are a frequent source of khas claims, because a plot can be recorded in the government's khas khatian during a new survey. The State Acquisition and Tenancy Rules 1955 set out the stages: objection under rule 30, appeal under rule 31 and final publication under rule 32.

No power to reopen settled decisions

In Jashimuddin Mazumdar v Zonal Settlement Officer, Noakhali, decided on 16 July 2025, the settlement authorities had set up a committee of Assistant Settlement Officers to investigate appeal decisions made by their own superior. The High Court Division held that the revenue authority has no power to review decisions under rules 30 and 31, that once appeals are exhausted it must move to final publication under rule 32, and that anyone dissatisfied can sue in the Land Survey Tribunal under section 145A. It struck down the impugned memo.[4]

Once the record is final

Timing can decide the outcome. In C M Mazharul Haque v Bangladesh, decided on 13 November 2025, the petitioner had challenged orders that led to 75 decimals being recorded as khas. While the Rule was pending, the record was finally published in khas khatian no 1. Both sides accepted that the writ had become infructuous, and the court disposed of it, noting that it had no power to direct the Land Survey Tribunal to hear a suit filed outside the limits in section 145A(6) and (7).[5] A writ against a draft record does not stop the clock running on the tribunal remedy. For record correction more generally, see our land records and khatian correction practice.

Eviction from khas land and government property

Eviction from government land and buildings usually proceeds under the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance 1970. Section 5(1) allows notice to an unauthorised occupant, and section 10 gives a person aggrieved by an order under section 5 an appeal to the Divisional Commissioner.[9]

Use the appeal first

In Sanjib Kumar Kundu v Bangladesh, market owners in Rajbari challenged eviction notices under section 5(1). The High Court Division held that they had gone to the wrong forum because the Ordinance provides an appeal, discharged the Rule, and directed the Divisional Commissioner to decide any appeal filed within thirty days on its merits.[9] A khas land writ that skips the statutory appeal will rarely succeed unless the notice is patently without jurisdiction.

Unauthorised occupation can carry a cost

The court is also alert to abuse. In Nazmunnahar Islam v Government of Bangladesh, decided on 19 November 2025, a petitioner living abroad challenged an eviction notice for a government house in Mohammadpur while a relative occupied it. The court found the occupation unauthorised, upheld the notice under the 1970 Ordinance and fined the petitioner Tk 25,000, observing that illegal occupants deprive public servants of housing.[10] A weak petition can make matters worse.

Lessons from large-scale khas transfers

Khas land is often transferred to public bodies for infrastructure, sometimes alongside formal acquisition of private land. In the coal power plant jetty litigation in Chattogram, a Ministry of Land memo had approved acquisition of 7.60 acres of private land and transfer of 587.60 acres of khas land under clause 7 of the Land Acquisition Manual 1997. The High Court Division struck down the proceedings in 2014, but on 21 May 2025 the Appellate Division set that judgment aside because the petitions relied on a prime ministerial note it found to be fictitious.[11] Where khas land and private land are taken together, the issues overlap with those discussed in our analysis of the land acquisition writ.

Step-by-step: preparing a khas land writ

The strongest petitions identify the precise power the officer used and show why it did not extend to what was done. The sequence below reflects how TRW prepares these cases.

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Status quo or injunction orders protect possession while the Rule is pending. In the Jogesh Chandra Roy case, the court restrained the respondents from disturbing possession or transferring the land until disposal.[3] Ask for interim relief in the petition and renew it before it lapses.

Choosing the right forum

The table compares the main routes in khas land disputes. On a phone, scroll it sideways.

Many disputes need more than one route: a revenue appeal to preserve the statutory position, a Land Survey Tribunal suit within time, and a writ where the officer has acted beyond power. Our constitutional and writ litigation practice works alongside our property team on these files.

Common mistakes in khas land writ cases

• Arguing facts instead of power: the court will not decide who is really in possession or who is truly landless.[8]
• Skipping the statutory appeal: eviction notices and many revenue orders carry an appeal that must normally be used first.[9]
• Letting the record become final: a pending writ does not extend the Land Survey Tribunal deadline.[5]
• Defective authority: a power of attorney executed abroad must comply with the 2015 Rules before it can support an affidavit.[7]
• Unverified documents: fabricated annexures can unravel a judgment years later.[11]

What to watch in 2026

The judgments of 2025 and 2026 show a consistent approach. The High Court Division is willing to strike down khas declarations and revenue orders that lack a statutory basis, and to protect long-term leaseholders against retrospective policy changes.[3] [4] [6] It is equally firm that a khas land writ cannot be used to relitigate facts, to bypass a statutory appeal or to protect unauthorised occupation.[8] [9] [10] With government drives to recover khas land continuing, owners and lessees should keep their title, lease and rent records in order.

If your land has been declared khas, your lease renewal or rent has been refused, or you have received an eviction notice, contact TRW to review the order and the right route.

Frequently asked questions

What is khas land in Bangladesh?

Land in which the government holds the interest directly, governed principally by the State Acquisition and Tenancy Act 1950, including section 76 on settlement and use of land vested in the government.[1]

Can I file a writ if my land is declared khas?

Yes, where the declaration lacks a statutory basis. In June 2026 the High Court Division set aside a section 92 khas declaration over debottar land that was not in fact abandoned.[3]

Can the government refuse rent on an old khas lease?

Not where the lease was permanently settled before a later policy change. The court directed mutation and acceptance of rent in the Segunbagicha cases.[6]

Who is entitled to agricultural khas land?

Landless families under the 1997 settlement policy, with priority to those of the same mouza. Lawful heirs of a settlee are entitled to the lease granted to their predecessor.[8]

Will the High Court decide who is in possession of khas land?

Generally no. Disputed questions of fact about possession or eligibility cannot be resolved in writ jurisdiction.[8]

Can a settlement officer review a decided record-of-rights appeal?

No. The revenue authority has no power to review decisions under rules 30 and 31 of the 1955 Rules and must proceed to final publication.[4]

What if the survey record has already been finally published as khas?

The remedy is a suit in the Land Survey Tribunal under section 145A within the statutory time limit; a pending writ may become infructuous.[5]

How do I challenge an eviction notice on government land?

Notices under section 5 of the 1970 recovery of possession ordinance are appealable to the Divisional Commissioner under section 10, and that appeal should normally be used first.[9]

Can an owner living abroad file a khas land writ?

Yes, through an attorney, but a power of attorney executed abroad must comply with rule 10(5) of the Power of Attorney Rules 2015 or the petition may be rejected as not maintainable.[7]

Can the court penalise a failed petitioner?

Yes. In November 2025 the court fined an unauthorised occupant of a government house Tk 25,000 when discharging her Rule.[10]