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

2. The petitioners are the holders of immovable property situated at New Marinelines, Bombay. The petitioners received from the Municipal Corporation, the first respondent, notices fixing the rateable value of these aid property. The petitioners 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-head. 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, section 217. The Ordinance was replaced by an Act.

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

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