R.S. Jha, J.

1. The Petitioner, who is a Patwari of Revenue Circle Bahoriband, Patwari Halka No. 23/38 of Village Udaipur, by way of the instant petition has assailed the legal validity of order dated 10-7-2006 passed by the Sub Divisional Officer, Sihora by which the Petitioner's services as Patwari have been terminated and order dated 16-10-2007 passed by the Collector dismissing his appeal.

2. It is stated by the learned Counsel for the Petitioner that the Petitioner has failed a second appeal before the Commissioner, Jabalpur Division which is pending adjudication but as the very initiation of proceedings and the order of termination of the Petitioner is without jurisdiction and authority of law, as held by this Court in the case of Vinod Kumar Khare v. State of M.P. and Ors. reported in ILR (2008) MP 1436, and the judgment in the case of Phulloo Ram Kol v. State of M.P. and Ors. W.P. No. 8777/2003, decided on 25-9-2008, the Petitioner has tiled the present petition during the pendency of the appeal before the Commissioner.

3. It is further submitted by the learned Counsel for the Petitioner that the Petitioner is a Patwari whose Appointing/Disciplinary is the Collector as pr