( 1 ) THIS writ petition challenges the assessment of levy of market fee under the provisions of the krishi Utpadan Mandi Adhiniyam, 1964 and the order dated 13th October, 2004 passed by the director, Mandi Parishad, Uttar Pradesh Lucknow deciding revision filed against the order of market committee. Prayer has been made in the writ petition to quash the order dated 13th october, 2004 passed by the Director, Mandi Parishad and the demand order dated 19th October, 2004 as well as the order dated 30th December, 2000 passed by the Krishi Utpadan Mandi samiti, Ghaziabad. It has been prayed that a direction be issued to the respondents restraining them from demanding any market fee and development cess from the petitioner. A writ of mandamus has also been prayed commanding the respondent No. 2 to refund the petitioner the amount of Rs. 25,00,000/- (deposited in cash by the petitioner and Rs. 83,19,804/- (submitted through bank guarantee) which has been demanded by the respondent No. 2 from the petitioner.

( 2 ) BRIEF facts of the case as emerge from the pleadings of the parties are: the petitioner is a registered company having its registered office at Chakala, Andheri