Wanchoo, C.J.—This is an application under Art. 226 of the Constitution for the issue of a writ, direction or order in the nature of prohibition forbidding the opposite parties, namely, the State of Rajasthan, and the Inspector General of Police, Rajasthan, from recovering from the applicant the cost of maintenance of additional police force at Nanan, and from taking possession of the applicants jagir for that purpose.

2. The case put forward by the applicant is this:—

He is the jagirdar of village Nanan in Tehsil Bilara. In 1948, the Dhani of one Prabudayal was ransacked by dacoits. Thereafter punitive police force was quartered in village Nanan under the orders of the Chief Secretary to the Administrator Jodhpur, dated 28th April, 1949, on the ground that Nanan was in a disturbed state. This police force remained in the village from May, 1949 to January, 1950, and the cost of maintaining this additional force for nine months came to Rs. 4,761/14/-. The Tehsildar of Bilara was ordered to recover this amount from the applicant who, however, refused to comply with this illegal order. Thereupon, the Government of Rajasthan passed orders in September,1951, that half share of the petitioner in village Nanan be placed under State management till such time as the entire amount was recovered. Consequently, in February, 1952, the Tehsildar ordered that possession be taken over and 21st May, 1952, was fixed for carrying out the order of the Tehsildar. The applicant filed this application on the 12th May, and his contention is that the order in question is illegal and the amount cannot be recovered from him. The main submission of the applicant is that sec. 15 of the Marwar Police Act 1948 requires that there should be a notification in the official gazette declaring a place to be disturbed or dangerous, and that it is only then that the Government is entitled to quarter additional police force in the area. As this notification was never issued, all subsequent proceedings for realization of the cost of the additional police, which amounts really to a punitive tax upon the applicant, were illegal, and this court should prohibit the opposite parties from realizing the amount from the applicant. It is also urged that in any case the money can only be realized as provided under sec. 16 of the Marwar Police Act and that it was not open to the Government to attach half the applicants jagir, and realize the amount by such attachment.

3. The application was opposed by the opposite parties. It was not denied that no notification was issued under sec. 15 of the Marwar Police Act. It was urged however that the provision regarding the issue of notification in the official gazette under sec. 15 was only directory and not mandatory, and that non-observance of that provision did not in any way invalidate the States authority to realize the cost of the additional police from the applicant. It was alleged that the applicant had due notice of the order of Government posting additional police at Nanan. As to the mode of realization, it was urged that the cost could be realized under sec. 16 of the Marwar Police Act; but that that was not the only method, of realizing the money, and that it could be realized in any other manner provided by law. But the reply did not point out what was the other provision of law under which realization was being made. Lastly, it was urged that there was an alternative remedy for the applicant, namely to file a civil suit, which would have been equally effective and efficacious, and therefore no writ should be issued in his favour.

4. The main question, that falls for consideration in this case, is the interpretation of sec. 15 of the Marwar Police Act which reads as follows :—

"15. (1) It shall be lawful for the Government by proclamation to be notified in the official gazette and in such other manner as the government shall direct, to declare at the any area subject to its authority has been found to be in a disturbed or danger

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