JUDGMENT 1. - This petition has been filed inter alia with the prayer that notice dated 13-7-2006 issued by the Regional Officer, Ministry of Road Transport & Highways, Government of India under the hand of one S.K. Saxena, Highway Administrator be quashed and set aside. A further prayer has been made to direct the respondents to initiate proceedings for acquisition of petitioner's land as per the Land Acquisition Act and that the petitioner should not be evicted from his constructed area over his plot on National Highway-11 till he is suitably compensated in accordance with the provisions of Land Acquisition Act. 2. On service the respondent National Highway Authority (for short `NHA') has filed reply to the writ petition. It has been stated that the State Government had already acquired the land in issue for widening the NH-11, Jaipur to Agra at Mile 10, 20 and 25 and an award was passed on 17-7-1974. It is submitted that the land at village Jhar, which included the land on which construction of petitioner is standing (8.4 x 6= 50.4.) i.e. khasra No.318 has been acquired. It is submitted that following the award dated 17-7-1974 Parcha Khatoni was also prepared in which land in Khasra No.318 is recorded as Siwai Chak. It has been submitted that however the work of widening of road could not be undertaken at the relevant time even though the land being open land was symbolically taken possession of. It has been submitted that subsequently the National Highways (Land and Traffic) Act, 2002 (herein after `2002 Act') was promulgated and came into force effective 27-1-2005, and thereupon the land statutorily vested in NHA under the 2002 Act more particularly under Section 23 thereof. Thereafter the NHA entered into a concession agreement with IJM (India) Infrastructure Ltd., and in the said concession agreement the Concessionaire was required to remove any encroachment on the National Highway land vesting in National Highway Authority. It is pointed out that based on a detailed survey conducted certain encroachments were found within 45 M. right of way including the land comprising khasra No.318. This fact was reported by Assistant Engineer, Sub Division-I NH-11 Jaipur vide his letter dated 8-11-2005. It is pointed out that based on a detailed survey conducted certain encroachments were found within 45 M. right of way including the land comprising khasra No.318. This fact was reported by Assistant Engineer, Sub Division-I NH-11 Jaipur vide his letter dated 8-11-2005. On the basis of survey, a list of trespassers was prepared, and in the list of trespassers the name of the petitioner was shown at item No.64, as the petitioner was occupying a construction measuring 8.4 x 6 meters aggregating 50.4 meter at the left hand side at Ch.202+265. It is submitted that consequently the Highways Administration issued a notice dated 13-7-2006 under Section 26 of the 2002 Act, requiring the petitioner to appear before the Highways Administrator, R.O. MORTH (Ministry of Road Transport and Highways) Jaipur in pursuance whereto, the petitioner submitted a representation/ reply before the said officer, but remained ex-parte thereafter. It is submitted that after considering the representation and after going through the record, the Highway Administrator passed a final order on 2-11-2006 under Section 26 of the 2002 Act, by which he had ordered the removal of the encroachment made by the petitioner. 3. It is submitted that the order passed under Section 26 of the 2002 Act, is appealable under Section 14 of the 2002 Act, and consequently at the very outset the writ petition should be dismissed on the ground of availability of alternative remedy. Further submission of respondents is that even otherwise the order dated 2-11-2006 has not been challenged in the present writ petition, and consequently no relief qua the said order can be granted to the petitioner. It is submitted that acquisition proceedings of land in issue have already been completed and compensation already deposited as required in law in pursuance to award dated 17-7-1974. It is submitted that the petitioner is palpably an unauthorised occupant and is obstructing the work of public importance and on this count also no interference should be made at the hands of this court. 4. No rejoinder to reply to writ petition filed by the NHA has been filed. 5. I have considered the pleadings in the case and arguments of the counsel. 6. It has not been denied that the land over which the petitioner's construction exists falls in khasra No.318, which is covered under the award dated 17-7-1974. 4. No rejoinder to reply to writ petition filed by the NHA has been filed. 5. I have considered the pleadings in the case and arguments of the counsel. 6. It has not been denied that the land over which the petitioner's construction exists falls in khasra No.318, which is covered under the award dated 17-7-1974. In fact the petitioner himself has filed with his petition an order of the Board of Revenue passed on 2-8-1984, in a revision petition filed by him, wherein the petitioner has admitted that he is in occupation of parcel of land in khasra No.318 situated in village Jhar, Tehsil Bassi which khasra is admittedly an acquired property by the State Government under the award dated 17-7-1974. 7. Counsel for the petitioner has sought to rely upon a patta dated 3-4-1970, purportedly issued by Gram Panchayat Jhar, Panchayat Samiti Bassi as also an order dated 2-8-1984 passed by the Board of Revenue in his revision petition to buttress his case. However the question of acquisition was not in issue in the revision petition and does not make out a case of ownership of the disputed parcel of land vesting in the petitioner. Further, the patta dated 3-4-1970 or any other proof of ownership does not appear to have been produced before the competent authority under the 2002 Act, following the notice dated 13-7-2006, as evident from the order dated 2-11-2006 passed by the Highways Administrator, wherein it has been recorded that the petitioner in his reply to show cause notice did not file any revenue record such as jamabandi or any document of gram panchayat (Patta) with regard to his alleged ownership. In writ proceedings, I cannot address the petitioner's claim to title as such disputed questions of facts which are sought to be agitated herein on the purported patta dated 3-4-1970, allegedly issued by Gram Panchayat Jhar, stand in contradiction to the acquisition of khasra No.318 (where the shop situate) by State Government under award dated 17-7-1974. It was for the petitioner to set up his case before the Highways Administrator of the NHA following the show cause notice dated 13-7-2006, and thereafter following the order dated 2-11-2006 in appeal statutorily provided for determining such disputed questions of fact in terms of Section 14 of 2002 Act. It was for the petitioner to set up his case before the Highways Administrator of the NHA following the show cause notice dated 13-7-2006, and thereafter following the order dated 2-11-2006 in appeal statutorily provided for determining such disputed questions of fact in terms of Section 14 of 2002 Act. The petitioner has circumvented the statutory provision provided for the purpose for reasons best known to himself and even while filing a reply to the show cause notice dated 13-7-2006, approached this court in this petition while the matter was pending before the Authority under the 2002 Act. 8. On considering the material available on record, I find that khasra No.318 in village Jhar Tehsil Bassi was acquired over 30 years ago under the award if 17-7-1974. The notice dated 13-7-2006 was issued by the Competent Authority under the 2002 Act, based on ownership of the NHAI under law. It is not the case of the petitioner that the award dated 17-7-1974 has been set aside by any court. It is also not the case of petitioner that following the entry in revenue record regarding the land in question as Siwai chak, the entries were at any point challenged by the petitioner. The sole case of the petitioner is founded on the purported patta dated 3-4-1970 issued allegedly by Gram Panchayat Jhar, Panchayat Samiti Bassi, but the said patta was not submitted before the Competent Authority of the NHA following the show cause notice dated 13-7-2006, as is evident from the order dated 2-11-2006, passed by the Highways Administrator of the NHA. The order dated 2-11-2006 has not been challenged and has attained finality. Further even otherwise there is no legal content left to the challenge to the notice dated 13-7-2006, as the aforesaid notice dated 13-7-2006 has merged in the final order dated 2-11-2006, passed by the Competent Authority of the NHA. 9. The petitioner has prayed in this petition that there should be direction for acquisition of "his" land under the provisions of Land Acquisition Act, 1894. From the facts on record the prayer is absurd if not downright dishonest as it is established that the land in issue khasra No.318 village Jhar, Tehsil Bassi has already been acquired under the award dated 17-7-1974. 10. From the facts on record the prayer is absurd if not downright dishonest as it is established that the land in issue khasra No.318 village Jhar, Tehsil Bassi has already been acquired under the award dated 17-7-1974. 10. The petitioner is thus a rank trespasser in view of the facts detailed herein above, and cannot seek any protection from this court with regard to his encroachment over the land of khasra No.318 situate in village Jhar. 11. For the reasons detailed above the petitioner has no case for indulgence under Article 226 of the Constitution of India. 12. The writ petition is dismissed with the cost of Rs. 10,000/- to be deposited with the Rajasthan State Legal Services Authority. 13. The interim order dated 18-9-2007 stands vacated and the stay application stands dismissed. 14. A copy of this order be sent to the Rajasthan State Legal Services Authority.Petition Dismissed. *******