- 1 - SBCWP No.2486/98 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CIVIL WRIT PETITION NO.2486/1998 (Nagar Mal Agrawal Vs. S.D.O. Jodhpur & Ors.) Date of order : 22.02.2010 HON'BLE MR.JUSTICE A.M.SAPRE None present for the petitioner. Mr. Anil Bachhawat, AGC, for the respondent-State. <><><> None present for the petitioner. Mr.Anil Bachhawat appears for the respondent State. Perused the record with the assistance of State counsel. 2. By filing this writ petition under Article 226/227 of the Constitution of India, the petitioner has sought following relief:- “H/I. By an appropriate writ, order or direction - H/I/a. it be directed that the attachment order passed verbally against the Petitioner is illegal. H/I/b. The order of attachment passed by the Sub-Divisional Officer (PD Recovery) Jodhpur against - 2 - SBCWP No.2486/98 the Petitioner be may be quashed and set aside. H/II. Any other appropriate Writ, order or direction as may be considered just and proper in the facts and the circumstances of the case may be made in favour of the Petitioner. H/III. Cost of the Writ Petition be allowed to the Petitioner.” 3. Having heard the learned counsel for the State and on perusal of the record of the case, I find no merit in this writ petition for more than one reason. 4. So far as prayer No.H/I/a is concerned, such prayer cannot be granted to the petitioner because, there cannot be an “verbal attachment order”. In other words, the petitioner is challenging what he calls “attachment order passed verbally”. In my considered opinion, there can be no “verbal order”, which is capable of being challenged in a Court of law. Every order has to be in writing. It is only then, it is capable of being questioned in Court of law. 5. Accordingly and in view of the aforesaid discussion, so far as relief No.H/I/a is concerned, it cannot be granted. Petition to that effect is, therefore, liable to be dismissed. It is accordingly dismissed. 6. So far as prayer No.H/I/b is concerned, in case if the petitioner feels aggrieved, of any orders if passed by Upkhand Adhikari, (SDM), Jodhpur, then he is at liberty to - 3 - SBCWP No.2486/98 challenge the same either in the appeal or Revision as the case may be as provided in law, rather than in a writ petition. Accordingly and with the aforementioned liberty, this petition stands finally disposed of. A copy of this order be sent to SDM Jodhpur for being kept in the file of the case relating to the petitioner. No cost. (A.M.SAPRE ),J. /tarun/