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Write Petition No. 2951 of 1986 decided on 20th July, 1986.
---S.9.--Constitution of Pakistan (1973), Art. 199--Maintenance--Order for--Revision against- --Constitutional petition, maintainability of- Petitioner's revision application filed before Collector against order of Arbitration Council directing petitioner to pay maintenance allowance to respondent was hopelessly barred by time and petitioner gave no explanation for such delay--Constitutional petition against order of Collector also suffered from laches--Orders for allowing maintenance to respondent passed by competent authority and maintained by revisional authority even otherwise not suffering from any illegality constitutional petition was dismissed in limine.
Malik Muhammad Rashid Awan for Petitioner.
The writ petition impugns the validity of the order of the Arbitration Council of Union Council Mitranwali, Tehsil Daska, District Sialkot, dated the 11th February, 1984, directing the petitioner to pay maintenance allowance to respondent 3 and of the Collector, Sialkot, dated the 27th May, 1985, dismissing the revision petition filed by the petitioner to challenge the legality of the first mentioned order. This petition must fail for more than one reason. Although the order of the Collector was passed on the 27th May, 1985, and though the petitioner had secured certified copies of the impugned orders by the 20th October, 1985, yet he filed the instant petition on the 19th July; 1986, without explaining the laches which are fatal. When the petitioner was sent notice of respondent 3's application for maintenance he, instead of joining the proceedings, informed the council that he had divorced respondent 3. He was fully aware of the proceedings. His revision petition to the Collector was hopelessly barred by time. The Arbitration Council had the jurisdiction to pass the order of payment of maintenance and the Collector was fully competent to dispose of the revision petition. In the circumstances the impugned orders do not suffer from any illegality. This petition is dismissed in limine.
H.B.T./A-56/L Petition dismissed.
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