JUDGMENT : Rakesh Thapliyal, J. 1. The petitioners have approached this Court seeking for following reliefs:- “(a) Issue a writ order or direction in the nature of mandamus commanding the respondents to not to intrude into the property in peaceful possession of the petitioner and take any further demolition on the plot situated in Municipal area of Village Jagjeetpur, as there is girls hostel in it. (b) Issue a writ order or direction in the nature of Mandamus commanding the respondent that fair compensation be awarded under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 for taking over the property of this institute as enclosed in survey report. (c) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to do impartial enquiry against those officers responsible for this arbitrary and illegal actions of trespassing with armed force and executed illegal destruction of the institutional property without verification of papers and title. (d) Issue a writ, order or direction in the nature of Mandamus commanding the respondent to award compensation for the damages of property committed by District Administration Officers and the National Highway Authority in the name of encroachment demolitions without verification of papers and without giving reasonable time to prove their nature of possession and title. However, if new area of land was required for road broadening purposes then the public notification under the provision section 3-A and 3 – D should have been initiated and the law must be followed by the NH Authorities. It is in public domain that the district authorities and the NH staff are in hurry to spend Rs. 80 Crores to re-construct the NH 334-A provided by the Central Government therefore needed extra land on both sides.” 2. A short counter affidavit has been filed by Assistant Municipal Commissioner, Municipal Corporation, Haridwar on behalf of respondent no. 4. 3. A counter affidavit has also been filed by respondent no. 2 wherein in paragraph 4, it is stated that the Authorities of the National Highway Division, PWD, Dehradun forwarded the list of encroachers, which included the name of the petitioner Trust as encroachers over Khasra No. 107 bearing serial no. 4. 3. A counter affidavit has also been filed by respondent no. 2 wherein in paragraph 4, it is stated that the Authorities of the National Highway Division, PWD, Dehradun forwarded the list of encroachers, which included the name of the petitioner Trust as encroachers over Khasra No. 107 bearing serial no. 406 and 407, which is a road (pathway) and after giving opportunity to remove the encroachment, the said encroachment over Khasra No. 107 has been removed by the authorities of the NH Division, PWD, Dehradun with the assistance of District Administration. In paragraph 5 of the counter affidavit, a specific statement has been made that the Mahila Degree College of the petitioner’s Trust is situated in Kharsa Nos. 87, 88, 97 and 108 and Khasra No. 107, which is recorded as the road (pathway) is in the east of Khasra No. 108. It is further stated in paragraph 8 of the counter affidavit that no demolition drive has been carried out by the respondent State Authorities in Khasra No. 108. The encroachment by the petitioner Trust in Khasra No. 107 by constructing boundary wall and gate in the East has been removed / demolished by the National Highway Division, PWD, in the presence of officials of the District Administration. The said respondent also brought on record a copy of the Khatauni of Khasra No. 107 and from perusal of it, it appears that the said Khasra No. 107 is recorded as road (pathway). Paragraphs 4 to 8 of the counter affidavit read as under : “4. That the contents of paragraph no. 1 of the writ petition as stated are not admitted, hence, denied. In reply it is submitted that in compliance of the Order dated 15.06.2018 passed in Writ Petition (PIL) No. 151 of 2014, Mithilesh Godiyal & Ors. Vs. State & Ors., the answering respondent directed all the departments to identify the encroachment and provide a list of the same. It was further directed that notice be issued to the concerned encroachers to remove their encroachment. Thereafter, the Nagar Nigam Haridwar issued a Public Notice in the Daily Newspaper namely Dainik Jagran and Amar Ujala informing the encroachers for removing their encroachment failing which the same will be removed by the authorities forcefully. The Announcement to this effect was also made by the Nagar Nigam Haridwar by Munadi. Thereafter, the Nagar Nigam Haridwar issued a Public Notice in the Daily Newspaper namely Dainik Jagran and Amar Ujala informing the encroachers for removing their encroachment failing which the same will be removed by the authorities forcefully. The Announcement to this effect was also made by the Nagar Nigam Haridwar by Munadi. The authorities of the National Highway Division, PWD, Dehradun forwarded the list of encroachers, which included the name of petitioner Trust as encroachers over Khasra No. 107 bearing Serial Nos. 406 & 407, which is Road (Pathway) and after giving opportunity to remove the encroachment, the said encroachment over Khasra No. 107 has been removed by the authorities of the NH Division, PWD, Dehradun with the assistance of the District Administration. True/correct typed version/copy of the List of Encroachers, Public Notice and the Khasra No. 107 are collectively being annexed as Annexure CA-2 to this affidavit. It is not out of context to state here that after the removal of the encroachment from the land in question i.e. Gate and Boundary Wall, the Boundary Pillars of National Highway Department were found within the gate constructed by the petitioner by encroaching the land of the National Highway. For ready reference, photographs of the site in question which were taken after removal of the encroachment are collectively being annexed as Annexure CA-3 to this affidavit. 5. That the contents of paragraph no. 2 of the writ petition are admitted to the extent that the Mahila Degree College of the petitioner's Trust is situated in Khara No. 87, 88, 97 and 108 and Khasra No. 107 which is recorded as Road (Pathway) is in the East of Khasra No. 108. 6. That the contents of paragraph no. 3 of the writ petition are not admitted as stated and in reply it is once again reiterated that the Petitioner's College is situated in Khasra No. 87, 88, 97 and 108. 7. That the contents of paragraph no. 4 of the writ petition as stated are not admitted, hence, denied. In reply it is submitted that the East Boundary Wall and Gate of the Mahila Degree College has been constructed encroaching Khasra No. 107, which is Govt. land recorded as Road (Pathway), as such, only encroachment over Khasra No. 107 has been removed after demarcation by taking a fix point from Khasra No. 71 Rajbaha (small canal). 8. In reply it is submitted that the East Boundary Wall and Gate of the Mahila Degree College has been constructed encroaching Khasra No. 107, which is Govt. land recorded as Road (Pathway), as such, only encroachment over Khasra No. 107 has been removed after demarcation by taking a fix point from Khasra No. 71 Rajbaha (small canal). 8. That the contents of paragraph no. 5 of the writ petition are admitted to the extent that the land of Khasra No. 108 belongs to the petitioner Trust and no part thereof has been acquired by the Government. It is submitted that no demolition drive has been carried out by the respondent State authorities in Khasra No. 108. The encroachment by the petitioner Trust in Khasra No. 107 by constructing Boundary Wall and Gate in the East has only be removed/ demolished by the National Highway Division, PWD, in the presence of Officials of the District Administration.” 4. There is no specific denial to the statements mentioned by the respondent no. 2 in the counter affidavit. Since as per the stand of the respondent no. 2, the encroachment over the land, falling in Khasra No. 107, has been removed which is admittedly recorded as road (pathway), which is evident from the copy of the Khatauni enclosed by respondent no. 2 in the counter affidavit, which is not disputed by the petitioner in the rejoinder affidavit. 5. Apart from this, connected Writ Petition (MS) No. 2910 of 2018 has been filed by Dr. Ashok Shastri, who is the Secretary of the petitioner’s Trust and the said writ petition has been dismissed by this Court by taking into consideration the short counter affidavit filed by the Executive Engineer, National Highway Division, PWD wherein he stated as follows : “2. That the property of the petitioner falls within the limits of Municipal Board. It is further stated that the description of the land Khasra No. 519 and 520/1 has been given by the petitioner in the writ petition by stating that the wall standing over the same has been demolished by the authorities, however, the fact is that boundary wall which was demolished by the authorities was standing over the land belongs to Khasra No.107, which is a Government land and over which the petitioner has made encroachment by raising the boundary wall. 3. 3. That the respondent authorities have not interfered/ intruded the land recorded in the revenue records as Khasra No. 519M and 520/1, however, when the measurement of the Khasra No.107 was done by the department then it came to the knowledge of the authorities that in some part of the Khasra No.107, the encroachment has been done by the petitioner and therefore the same was demolished by the authorities. Not only this, before demolishing the encroachment the department on 5.9.2018 gave opportunity to the petitioner through public notice in Dainik Jagran daily newspaper for removing the encroachment from the Khasra No.107. Moreover, the encroachment has been removed by the authorities in compliance of the order dated 15.6.2018 passed in WPPIL No.199/2016 (Pukhraj & others Vs. State of Uttarakhand & others). 4. That before removing the encroachment from the Khasra No.107 the record was duly shown to the petitioner. In other words, the petitioner was made apprised regarding the fact that he has made encroachment over the land of the department. 5. That it is stated that the land of the petitioner has not been touched by the authorities, however, the encroachment made by the petitioner over the Khasra No.107 was removed by the department in compliance of the order dated 15.6.2018 passed in WPPIL No.199/2016 (Pukhraj & others Vs. State of Uttarakhand & others). 6. That it is stated that the department has removed the encroachment made by the petitioner on 0.010 hectare land of Khasra No.106 and 0.0441 hectare land of Khasra No.107”. 6. From the aforesaid stand of the respondent no. 2, it is evident that respondents-authorities have carried out the demolition of boundary wall falling within the limit of Khasra No. 107, which is admittedly a government property. Pertinently, petitioner’s Trust does not have any right over the land falling in Khasra No. 107. 7. The submission of counsel for the petitioner is that demolition has not been undertaken in Khasra No. 107 and that the same has been undertaken in Khasra No. 108, which is situated in municipal area village Jagjeetpur are disputed question of fact. 8. Pertinently, petitioner’s Trust does not have any right over the land falling in Khasra No. 107. 7. The submission of counsel for the petitioner is that demolition has not been undertaken in Khasra No. 107 and that the same has been undertaken in Khasra No. 108, which is situated in municipal area village Jagjeetpur are disputed question of fact. 8. From the aforesaid, it would be seen that there is a disputed question of fact in the present case, as it is the assertion of the petitioner that demolition of boundary wall has been taken on the land of the petitioner’s trust and on the other hand, the case of the respondents is that boundary wall falls in Khasra No. 107, which is recorded as road (pathway) and government land. 9. In these writ proceedings, we are not inclined to go into the said factual dispute. We, therefore, dismiss the writ petition, leaving it open to the petitioners to pursue such other remedies, as may be available to him, in law. 10. Pending application, if any, also stands disposed of.