' EJAZ AFZAL KHAN, C J.--- Petitioner through the instant writ petition has asked for the issuance of an appropriate writ declaring the order in original and the notice dated 12-11-2009 being without jurisdiction, lawful authority, coram non judice and of no effect whatever.
2. Learned counsel appearing on behalf of the petitioner by referring to the Finance (Amendment)
Ordinance, 2009, contended that when by virtue of amendment the word "Collector" has been substituted by the word "Commissioner" and nobody has been notified as such therefore, a petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 alone would be an adequate as well as efficacious remedy in the circumstances of the case.
3. We have gone through the available record carefully and considered the submissions of the learned counsel for the petitioner.
4. Change in law and forum by virtue of repeal or amendment cannot take away a right of appeal and powers of a forum granted by a previous law, if such right or forum existed at the time of the commencement of lis. The cases of Idrees Ahmad and others v. Hafiz Fida Ahmad Khan and 4 others PLD 1985 SC 376 and Sona and another v. The State and others PLD 1970 SC 264 may well be referred in this behalf. Though even an Act has been passed on 30th June, 2009 but it, too, would not affect the legal position as stated above. We, thus, do not agree with the learned counsel for the petitioner that the petitioner has been left without any remedy till the notification of the Commissioner when it is not disputed that the lis in this case commenced much before the promulgation of the Ordinance, We, however, while disposing of this petition, direct the Collector to proceed with the case accordingly.