1 wp-2577-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2577 of 2011 Alaukik Trading & Investments Pvt Ltd. & Anr. .. Petitioners Versus Municipal Corporation of Pune .. Respondents Mr. M.S.Karnik for the Petitioners CORAM : R.M.SAVANT, J. DATE : 15th NOVEMBER, 2011 P.C. : 1 There is a concurrent finding against the Petitioners in so far as, the methodology for fixation of the rateable value is concerned. The Municipal Appeal filed by the Petitioners before the Small Causes Court, Pune came to be dismissed by the Learned Judge of Small Causes Court, Pune by Judgment and Order dated 28-1-2008 against which, a Civil Appeal No.133 of 2009 came to be filed before the District Judge which also was dismissed by the Judgment and Order dated 27-9-2010 and the rateable value fixed was confirmed. The principal ground of challenge to the fixation of the said rateable value is that as per the D.C. Regulations certain areas are to be excluded from the computation of the FSI and, 2 wp-2577-11 therefore, the rateable value would also have to be fixed on the said basis. In the matter of rateable value, it is a well settled principle that the same has to be fixed on the basis of the rent that a hypothetical tenant would pay for the property in question. It is only on the said basis that in the instant case the rateable value has been fixed. 2 Having considered the orders passed by the Learned Judge of Small Causes Court, Pune in Misc Appeal No.45 of 2000 and by the District Judge in Civil Appeal No.133 of 2009, in my view, no case for interdiction is made out under Article 227 of the Constitution of India. The Writ Petition is accordingly dismissed. (R.M.SAVANT, J.)