1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4223 OF 2009 Salebhai Mulla Gulamali Trust .. Petitioner. Vs. Lonawala Municipal Council & Ors. .. Respondents. Mr.P.B.Shah for the petitioner. Mr.S.D.Rayrikar A.G.P. for the State. Coram: D.B. BHOSALE, J. Dated : 11TH AUGUST, 2009 P.C. . Heard learned counsel for the parties. 2. This petition is directed against an order dated 16.10.2007 passed by the Judicial Magistrate, First Class, Vadgaon, Maval, Pune, in Municipal Appeal No.4 of 2003 by which the appeal has been dismissed with costs. The appeal was preferred against the decision of the respondent – municipal council fixing annual letting value of the petitioners’ property. The only ground of objection for challenging the impugned order, as submitted by Mr.Shah, learned counsel for the petitioner, is that the municipal council did not take into consideration the annual rent that the petitioners receive from the tenants, who are in possession of the property. Mr.Shah further submitted that the petitioners get Rs.1644/- per annum 2 by way of rent from the tenants, which ought to have been considered while levying annual letting value. I have perused the judgment. It appears that initially Rs.721/- was the annual letting value of the petitioner’s property, which was then enhanced to Rs.5660/- and thereafter the impugned annual letting value was fixed as Rs.6250/-. There is no dispute that while enhancing the annual letting value the procedure. as prescribed under the Act and the Rules framed thereunder,s was followed by the municipal council. Merely because the petitioner collects less rent from the tenant, cannot be a ground to oppose the revision of annual letting value. It is always open to the trust to enhance the rent in proportion to the annual letting value fixed by the municipal council. I do not find any merit in the petition, hence the writ petition is dismissed. (D. B. Bhosale, J.)