MAHENDRA UDYOG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT writ petition has been filed for issuing a writ of prohibition prohibiting the respondents from dispossessing the petitioner from Khasra No. 506 situated in village Kanod, Tehsil and District Jaisalmer measuring 10 Bighas, which is under his occupation and possession.

(2.) INDISPUTABLY , the petitioner has been dispossessed from the plot in question vide order dated 25.9.89 Ex.R/4 to the reply passed by Naib Tehsildar, Jaisalmer in Suit No. 20 of 1989 in exercise of his power under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short 'the Act of 1956').

(3.) LAW relating to issue a writ of prohibition now must be taken to be settled that such writs can be issued to Sub -ordinate Courts or Tribunals forbidding them from continuing with judicial or quasi -judicial proceedings on the ground that pendency of proceedings before them are either without jurisdiction or in excess of their jurisdiction or contrary to the laws of the land. Avowed object of writ of prohibition is to restrain the Courts or Tribunals from exercising a jurisdiction which they do not possess or to prevent them from exceeding the limits of their jurisdiction.