IN THE HIGH COURT OF JUDICATURE FOR RAJASHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL WRIT PETITION NO.6040/2008 Kamlesh Sharma Vs. State of Rajasthan & Ors. 07.07.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Ram Rakh Sharma, for the petitioner. The petitioner has made the following prayers in the writ petition : “a) By an appropriate writ, order or direction in the nature thereof, the respondents may kindly be restrained from granting reservation of any of the community or caste above the ceiling limit of 50% as held by the Hon'ble Supreme Court and reservation exceeding 50% may kindly be declared as Unconstitutional. b) Any other order, relief or direction, which this Hon'ble Court may deem fit and proper, be also passed with costs in favour of the petitioner.” In this connection the petitioner has relied upon the news report in the Rajasthan Patrika filed as Annexure-2 and the Press Note Release issued by the Government vide Annexure-3. Learned counsel for the petitioner does not dispute the fact that in pursuance of any such news report or Press Release no legislation has been enacted so far granting the reservation exceeding 50%. In view of the above the petitioner cannot be permitted to agitate and challenge before this court any action or proposed action of the Government till such time as of the concerned authority does not enact the legislation or issues any direction granting reservation exceeding the quota of 50% in terms of such legislation which is said to be contrary to any law laid down by the Hon'ble Supreme Court. No writ of prohibition can be issued against the legislature either restraining it from enacting a particular legislation or directing it to enact a particular piece of legislation in a particular manner by a writ of mandamus. This writ petition in the facts and circumstances of the case is not maintainable and hence dismissed. (DALIP SINGH),J. Ramchandrkhatri,PS