JUDGMENT - S.P. BHARUCHA, J.:---The only question that must be determined in this petition is section 217 of the Bombay Municipal Corporation Act, 1888, as amended Constitutionally valid ?

2. The petitioners are the holders of immoveable property situated at New Marine Lines, Bombay. The petitioners received form the Municipal Corporation, the first respondent, notices fixing the rateable value of the said property. The petitioner complained of the fixation of the rateable value and an order was passed upon that complaint. Being aggrieved thereby the petitioners preferred an appeal under the then unamended section 217 to the Chief Judge, Court of small causes at Bombay who is the person designated under the provisions of the Act to hear such appeals. The appeal is pending and is part-heard. On 22nd September, 1975 during the pendency of the appeal, an Ordinance was issued called the Maharashtra Municipal Corporations Amendment Ordinance 1975, which amended, inter alia, and section 217. The Ordinance was replaced by an Act.

3. The amended section 217 is challenged in the petition the ground that it contravenes the provisions of Articles 19,31 and 265 of the Constitution of India and a

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