JUDGMENT :

Nelson Sailo, J.

1. Heard Mr. K.P. Pathak, the learned counsel for the petitioners. Also heard Ms. Zairemsangpuii, the learned CGC for the respondent Nos. 1 & 2 and Mrs. H. Lalmalsawmi, the learned Govt. Advocate for the respondent Nos. 3 & 4.

2. Claiming to have a common cause of action, 49 writ petitioners have joined hands in filing the present writ petition. The petitioner Nos. 39 & 40 are reported to have already expired.

3. The claim of the petitioners is that they are in possession of land, which was duly allotted to them by the Revenue Department of the State, under the provisions of the Mizo District (Land and Revenue) Act, 1956 and also under the Mizoram (Agricultural Land) Act, 1963 (Act of 1956 and Act of 1963 respectively) by granting them Land Settlement Certificates/ Agricultural Land Settlement Certificates/Periodic Pattaa (LSCs/Agri LSCs/P. Pattas) to each of the petitioners. Be it stated herein that till 1972, Mizoram was a part of the State of Assam and was known as Lushai Hills District. An Autonomous District Council was created in the year 1952 under the provisions of the 6th Schedule of the Constitution of India for the administration of the region. In 1972, the region separated from the State of Assam and was constituted into a Union Territory. In 1986, Mizoram was accorded full Statehood and became the 23rd State of India.

4. Facts projected by the petitioners is that for establishing a firing range, the Assam Rifles were allotted a plot of land in Chanmari, Aizawl. In 1959, the erstwhile Mizo District Council vide Misc. Pass No. 8/1959 (Annexure-B) ordered the shifting of the firing range to Chite River due to the increase in population in the earlier location. This pass was subsequently superseded by Misc. Pass No. 6/1960 (Annexure-C).

5. The erstwhile District Council vide Memo No. REV1/70/141 dated 08.08.1970 (Annexure-D), issued Notification stating that all temporary passes, such as the one awarded to the Assam Rifles for the establishment of firing range would be valid for only 10 years and unless the pass was converted into LSC, the pass holder would not have any legal right over the land. The Assam Rifles never converted their temporary pass into LSC but they are in occupation of the said land till date.

6. After the reconstitution of Mizoram into Union Territory in 1972, the petitioners were awarded LSCs/Agri LSCs/P. Pattas in respect of the same land, which was previously in occupation temporarily by the Assam Rifles for establishment of firing range. However, on 15.11.1986, the Assam Rifles forcibly entered the area and destroyed the crops, fish ponds and buildings of the petitioners and demanded that they vacate the land. Against the action of the Assam Rifles, the petitioners could only submit representations before the Government. After Mizoram was accorded full Statehood, the Revenue Department carefully examined all the land passes and vide Communication dated 24.05.1990 (Annexure-E), issued by the Under Secretary to the Govt. of Mizoram, Revenue Department to the Director of Land Revenue & Settlement Department conveyed the decisions of the Government that all DPL passes and Misc. Passes so far issued before the introduction of Land Lease be converted into Land Lease Certificates and that a notice to this effect may be issued. Accordingly, the Director of Land Revenue & Settlement Department vide Notification dated 03.09.1992 (Annexure-E1) notified all the Heads of Department/Semi Department/Corporation/Society etc., to convert their pass into Land Lease and failure to submit and convert their passes may result in cancellation of the pass or permit. Despite this, the petitioners contend that the Assam Rifles failed to convert their pass into a Land Lease.

7. On 06.03.1997 (Annexure-F), the Assam Rifles issued eviction notice to the petitioners asking them to vacate the land, claiming that the land belonged to them by virtue of Misc. Pass No. 6/1960. The petitioners preferred Title