' This constitutional petition calls in question the validity of the order, dated 15th May, 1983 of the learned Collector, Lahore District whereby he enhanced the rate of maintenance allowance of the respondent No, 2 fixed by the Chairrnan Arbitration Council from Rs, 150 to Rs, 250 p. m.
2. Learned counsel for the petitioner contended that the revision petition filed by the respondent No, 2 had been dismissed in default on 6th April, 1982 but without passing any order for restoration thereof the learned Collector accepted the revision petition and enhanced the rate of maintenance allowance as afore-mentioned. It was further contended that the revision petition could not have been decided on merits because it was only the petition for restoration of the revision petition which was pending adjudication before the learned Collector. Learned counsel, however, stated that the petitioner has not challenged the order of the Chairman, Arbitration Council fixing Rs, 150 p. m. As maintenance allowance of the respondent No, 2 and he has no objection to make payment to her at the same rate.
3. Learned counsel for the respondent No, 2 conceded that he is not in a position to defend the impugned order of the learned Collector as admittedly be could not decide the revision petition on merits without restoring the same which had already been dismissed in default. He, however, prays that a direction be given to the learned Collector for decision of the matter within the shortest possible time.
4. I have gone through the impugned order and the documents on the file. Undoubtedly, the learned Collector did not pass order for , restoration of the revision petition which had been dismissed in default' and decided the case on merits. The order is, therefore, legally unsustainable and is hereby quashed.
' The case is accordingly remitted to the learned Collector for fresh decision in accordance with law.
5. The petition, as stated by his counsel, shall continue to deposit Rs, 150 p. m. Maintenance allowance payable to the respondent No,
2. She is allowed to withdraw the amount already deposited by him at the same rate in terms of the order earlier passed on 25th May, 1983.
6. The parties are directed to appear before the learned Collector on 14th June, 1983. The learned Collector shall decide the matter on or before 30th June, 1983.
7. There shall be no order as to costs.