JUDGMENT

T.S. Thakur, J.

1. This appeal by special leave calls in question the correctness of an order passed by the High Court of Judicature at Allahabad whereby Civil Misc. Writ Petition No. 58900 of 2007 filed by the respondent-company has been allowed, the order passed by the Krishi Utpadan Mandi Samiti, Ghaziabad and that passed by the Deputy Director, Rajya Krishi Utpadan Mandi Parishad, Meerut in revision set aside. The High Court has further directed the Krishi Utpadan Mandi Samiti, Ghaziabad to make a fresh assessment of the market fee for the period in question after providing an opportunity of being heard to the writ-petitioner or his authorised agent.

The challenge arises in the following factual backdrop.

The respondent-company is engaged in the business of manufacture and sale of milk products including desi ghee which it markets under the brand name ‘Paras’. The company has set up a manufacturing unit at Sahibabad, District Ghaziabad, which falls within the market area of Krishi Utpadan Mandi Samiti, Ghaziabad (‘KUMS’ for short). The company’s case is that it sells the milk products manufactured by it through its consignee agents located at several places in differe