ORDER 1. This appeal is directed against the order of the High Court of Allahabad whereby, relying on its earlier decision, it has allowed the writ petition of the respondent stating that on the purchase of tendu leaves by him from the U.P. Forest Corporation he is not liable directly to pay market fee to the appellant Mandi Samiti under the provisions of Section 17(iii)(b) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964. 2. Learned Senior Counsel Mrs Shobha Dikshit, appearing for the Mandi Samiti has brought to our notice that the earlier judgment of the High Court on which the High Court has placed reliance in this case has been set aside by this Court in Krishi Utpadan Mandi Samiti v. Indian Wood Products Ltd.1 This Court in the case of Krishi Utpadan Mandi Samitil construed the provisions of Section 17 including clause (iii)(b) of the Act and has held that the said clause merely enables the selling trader to realise market fee from the purchasing trader and pay the same to the Mandi Samiti. The provision does not discharge the liability of the purchasing trader from paying fee where such fee was not realised by the selling trader from the purchasing trader. Since the point involved is squarely covered in favour of the Mandi Samiti by the judgment of this Court in the case of Krishi Utpadan Mandi Samiti v. Indian Wood Products Ltd.1 this appeal has to be allowed. It is accordingly so allowed. The impugned order of the High Court allowing the writ petition of the respondent is set aside. There shall be no order as to costs.