KRISHI UTPADAN MANDI SAMITI GHAZIABAD Vs. METAL CRAFT

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court holding that the appellant was not entitled to levy market fee under Section 17(iii) (b) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (in short the 'Adhiniyam') if the agricultural produce is neither brought nor taken out of the market place, and deciding in favour of respondent No. 1.

(2.) Background facts in a nutshell are as follows :

(3.) In support of the appeal, learned counsel for the appellants submitted that since the transaction took place within the jurisdiction of the market area, the levy was justified and the High Court was wrong in its view.